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Madras High CourtWP/13304/2024allowed

S.Kesavan v. The Inspector Of Police

2024-05-09Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.05.2023

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP.No.14454 of 2024 S.Kesavan ... Petitioner -vsThe Inspector of Police, Valathi Police Station, Valathi, Melmalaiyanoor Taluk, Villupuram District.

... Respondent PRAYER : Writ Petition filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the proceedings of the respondent police dated 29.04.2024 in Na.Ka.No.05/ins valathi/Genl/2024 and quash the same and directing the respondent to give permission for conducting music and dance programme during the festival time on 18.05.2024 at night hours.

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For Petitioner :

Mr.P.Sivamani For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side) ***********

O R D E R

This Writ Petition is filed to quash the proceedings of the respondent police dated 29.04.2024 in Na.Ka.No.05/ins valathi/Genl/2024 and quash the same and directing the respondent to give permission for conducting music and dance programme during the festival time on 18.05.2024.

2. The writ petition is challenging the rejection of the petitioner's request to conduct the temple festival. The reason given by the respondent in the order before this Court is the model code of conduct, in view of the general parliamentary election.

3. This Court has taken note of the fact that the election has been completed and the polling is already over. Further such reasons cannot be 2/4

accepted for conducting the temple festival.

4. In such view of the matter, the order passed by such Court is set aside and the respondent police is directed to grant police protection for conducting dance and music in accordance with law.

6. With the above said direction, this writ petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 09.05.2024 Index : Yes / No Speaking / Non-speaking drl 3/4

K.KUMARESH BABU drl To 1.The Inspector of Police, Valathi Police Station, Valathi, Melmalaiyanoor Taluk, Villupuram District.

2.The Public Prosecutor, Madras High Court.

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