M.Gnanaprakasam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.7400 of 2022 M.Gnanaprakasam ... Petitioner Vs.
State represented by, The Inspector of Police, Magudanchavadi Police Station, Salem District.
... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a direction or order in the nature of Writ of Certiorarified Mandamus to call for the records of the Impugned Rejection order dated 22.03.2022 passed by the respondent, wherein permission was rejected for police protection to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Arulmigu Sri Ongaliyamman Thirukovil Festival at Pappapatti, Edaganasalai Municipality, Sankagiri Taluk, Salem District, on 01.04.2022 between 07.00 p.m., to 10.00 p.m., and quash the same as illegal and consequently, direct the respondent to grant permission for conducting the aforesaid cultural programme on 01.04.2022 between 06.00 p.m., to 11.00 p.m.
For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor.
O R D E R
The Writ of Writ of Certiorarified Mandamus has been filed to call for the records of the Impugned Rejection order dated 22.03.2022 passed by the respondent, wherein permission was rejected for police protection to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Arulmigu Sri Ongaliyamman Thirukovil Festival at Pappapatti, Edaganasalai Municipality,
Sankagiri Taluk, Salem District, on 01.04.2022 between 07.00 p.m., to 10.00 p.m., and quash the same as illegal and consequently, direct the respondent to grant permission for conducting the aforesaid cultural programme on 01.04.2022 between 06.00 p.m., to 11.00 p.m.
2. Learned counsel appearing for the petitioner would submit that the petitioner is the organizer of the Arulmigu Sri Ongaliyamman Thirukovil Festival. The village people have proposed to conduct the festival of Arulmigu Sri Ongaliyamman Thirukovil Festival on 01.04.2022 in a traditional manner. The Festival had been conducted every year in a peaceful manner and without any law and order problem. The petitioner had sent a representation dated 18.03.2022 seeking for police protection. However, the respondent have rejected the same stating the reason that there is a law and order problem in the village. Hence, the present petition has been filed.
3. When the matter is taken up today, learned Additional Public Prosecutor would submit that there is a law and order problem in the village and the representation of the petitioner has been rejected by the respondent on 22.03.2022 and it is also served on the petitioner. He would further submit that the situation is tense and there is rivalry between two groups in conducting the festival. Unless the right to conduct the temple festival is decided by the appropriate forum, the respondent may not be able to give protection.
4.In view of the above, this writ petition is dismissed. No costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rgi/ham To
1. The Inspector of Police, Magudanchavadi Police Station, Salem District.
2. The Public Prosecutor, High Court of Madras.
W.P.No.7400 of 2022 skm[co] srg 18/04/2022