T.Sundararajan v. The Inspector Of Police

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.12214 of 2022 T.Sundararajan

...Petitioner

Vs The Inspector of Police, Deevattipatti Police Station, 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 to issue permission and police protection to conduct cultural program (Adal Padal Nigalchi) in event of "ARULMIGU SREE PERIYA MARIYAMMAN" Temple festival at Kanchanayakkanpatti Village & Union, Kadaiyampatti Taluk, Salem District on 11.05.2022 between 7.00 p.m. to 11.00 pm., pursuant to the petitioner's representation dated 01.05.2022. For Petitioner : Mr.C.Deepak Kumar For Respondent : Mr.R.Murthi, Government Advocate (Crl. Side)

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondent to issue permission and police protection to conduct cultural program (Adal Padal Nigalchi) in event of "ARULMIGU SREE PERIYA MARIYAMMAN" Temple festival at Kanchanayakkanpatti Village & Union, Kadaiyampatti Taluk, Salem District on 11.05.2022 between 7.00 p.m. to 11.00 pm., pursuant to the petitioner's representation dated 01.05.2022.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The respondent Police would submit that they received the representation of the petitioner only on 04.05.2022. 4.The petitioner has not given sufficient opportunity to the respondent Police to apply their mind and to conduct a preliminary enquiry and thereafter, to respond to the representation given by the petitioner.

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5.Since the petitioner has not given sufficient opportunity to the respondent to consider the representation of the petitioner, this Writ Petition is dismissed. No costs. 6.However, the petitioner is at liberty to reschedule the cultural program and give a fresh representation to the respondent Police at least 15 days prior to the festival, giving sufficient opportunity for them to respond to the same. 7.In case the respondent receive the representation of the petitioner, the respondent police is directed to consider the same and pass appropriate orders one week prior to the festival. 8.With the above directions, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Tsg/rst To:

1.The Inspector of Police, Deevattipatti Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Deepak Kumar, Advocate, Sr.No.31132 W.P.No.12214 of 2022 RSI(CO) KKV/10/05/2022 https://hcservices.ecourts.gov.in/hcservices/