M.Muniraj v. The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN M.Muniraj
...Petitioner
Vs.
The Sub Inspector of Police, Kadathur Police Station, Kadathur, Dharmapuri District.
...Respondent
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent dated 09.06.2023 and quash the same and consequently directing the respondent to grant permission and police protection to conduct Cultural programme (Adal Padal Nigalchi) in the event of Kethireddipatti Village, Ganapathi Nagar Arulmigu Sree Mariyamman Temple Festival at Pappireddipatti Taluk, Dharmapuri District on 14.06.2023 between 06.00 p.m to 11.00 p.m.
For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.Leonard Arul Joshph Selvam Government Advocate (Crl.Side)
ORDER
The Writ Petition has been filed for calling for the records of the respondent dated 09.06.2023 and quash the same and consequently directing the respondent to grant permission and police protection to conduct Cultural programme (Adal Padal Nigalchi) in the event of Kethireddipatti Village, Ganapathi Nagar Arulmigu Sree Mariyamman Temple Festival at Pappireddipatti Taluk, Dharmapuri District on 14.06.2023 between 06.00 p.m to 11.00 p.m.
2. Learned counsel for the petitioner submitted that, petitioner submitted a representation dated 09.06.2023 seeking permission to conduct Adal Padal programme during temple festival on 14.06.2023 at 06.00 p.m. to 11.00 p.m. at Kethireddipatti Village, Ganapathi Nagar Arulmigu Sree Mariyamman Temple Festival at Pappireddipatti Taluk, Dharmapuri District. This representation was rejected by the respondent, without giving any reasons on 09.06.2023. Therefore, this petition is filed challenging the order passed by the respondent on 09.06.2023 and for giving permission for conducting Adal Padal programme on 14.06.2023.
3. Learned Government Advocate (Criminal side) submitted that,
police expected that some law and order problem may arise and therefore, permission was rejected to conduct Adal Padal programme during temple festival on 14.06.2023 at Kethireddipatti Village, Ganapathi Nagar Arulmigu Sree Mariyamman Temple Festival at Pappireddipatti Taluk, Dharmapuri District
4. Considered the rival submissions and perused the records.
5. From the materials produced before this Court, it can be gathered that, petitioner submitted his representation dated 09.06.2023 for conducting Adal Padal programme during temple festival on 14.06.2023 at Kethireddipatti Village, Ganapathi Nagar Arulmigu Sree Mariyamman Temple Festival at Pappireddipatti Taluk, Dharmapuri District. This representation was rejected by the respondent, with a bald reason that, there may be a possibility of law and order issue to crop up. However, this apprehension is not supported by any material like how the law and order issue will crop up.
6. In view of the submissions made and the fact that, the order dated
09.06.2023, rejecting the permission to conduct Adal Padal during temple festival is not reasoned order, this Court set asides the order dated 09.06.2023 passed by the respondent. The respondent is directed to consider the petitioner's representation dated 09.06.2023 afresh and pass positive order, giving permission for conducting Adal Padal programme during temple festival on 14.06.2023 at Kethireddipatti Village, Ganapathi Nagar Arulmigu Sree Mariyamman Temple Festival at Pappireddipatti Taluk, Dharmapuri District with necessary conditions.
7. With the above directions, this Writ Petition is disposed of. No costs.
13.06.2023 Index :Yes/No Internet :Yes/No gd Note: Issue order copy on 13.06.2023.
To
1.The Sub Inspector of Police, Kadathur Police Station, Kadathur, Dharmapuri District.
2.The Public Prosecutor, High Court of Madras.
G.CHANDRASEKHARAN, J.
gd 13.06.2023