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Madras High CourtWP/12199/2022disposed of

M.Manickam v. The Inspector Of Police

2022-05-06Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2022 C O R A M THE HON'BLE Mr.JUSTICE P.VELMURUGAN W.P.No.12199 of 2022 M.Manickam

...Petitioner

Vs The Inspector of Police, Thalaivasal Police Station, Thalaivasal, Salem District.

... Respondent Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Siruvachur Village, Tiruvalluvar Nagar Arulmighu Sree Sakthi Mariamman Temple Festival at Attur Taluk, Salem District on 17.05.2022 between 06.00 pm to 11.00 pm by considering the petitioner's representation dated 25.04.2022. For Petitioner : Mr.P.Madhumathi For Respondent : Mr.R.Murthi Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Siruvachur Village, Tiruvalluvar Nagar Arulmighu Sree Sakthi Mariamman Temple Festival at Attur Taluk, Salem District on 17.05.2022 between 06.00 pm to 11.00 pm by considering the petitioner's representation dated 25.04.2022. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.The petitioner had made a representation before the respondent Police on 25.04.2022 seeking permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Siruvachur Village, Tiruvalluvar Nagar Arulmighu Sree Sakthi Mariamman Temple Festival at Attur Taluk, Salem District on 17.05.2022. From the perusal of the postal receipt, it is seen that the respondent Police received the representation only on 02.05.2022. The present Writ Petition filed on 04.05.2022, without giving sufficient opportunity to the respondent. 4.When the matter came up for hearing yesterday, this Court instructed the learned Government Advocate (Crl. Side) appearing for the respondent to give response to the representation made by the petitioner. Today i.e 06.05.2022, the respondent Police produced the copy of the refusal order dated 02.05.2022. The reason stated in the order of the respondent is not convincing and satisfactory. Therefore, the order passed by the respondent Police on 02.05.2022 is set aside.

5.The petitioner has not filed any proof to show that he sent a representation on 25.04.2022. Whereas, the postal receipt shows that they dispatched the representation to the respondent Police only on 02.05.2022. Therefore, the petitioner is seriously warned not to indulge in these type of activities. In future if he files any false facts, he would be imposed with exemplary costs.

6.Since the festival is scheduled to be held on 17.05.2022, the respondent Police is now directed to pass fresh order within a period of two (2) days from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(V.O.) //True Copy// Sub Assistant Registrar

rst To:

The Inspector of Police, Thalaivasal Police Station, Thalaivasal, Salem District.

W.P.No.12199 of 2022 sr-ii[do] srg 12/05/2022