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Madras High CourtWP/18492/2023disposed of

V.Suresh v. The Inspector Of Police

2023-06-21Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN V.Suresh

...Petitioner

Vs.

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

...Respondent

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent dated 19.06.2023 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 Mannaickenpatti Village Arulmigu Sree Sakthi Vinayagar Temple Kumbabishekam Festival at Valapadi Taluk, Salem district on 24.06.2023 between 6.00 PM and 11.00 PM.

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 19.06.2023 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 Mannaickenpatti Village Arulmigu Sree Sakthi Vinayagar Temple Kumbabishekam Festival at Valapadi Taluk, Salem district on 24.06.2023 between 6.00 PM and 11.00 PM.

2. Learned counsel for the petitioner submitted that, petitioner submitted a representation dated 16.06.2023 seeking permission to conduct Adal Padal programme during temple festival on 24.06.2023 at 06.00 p.m. to 11.00 p.m. at Mannaickenpatti Village Arulmigu Sree Sakthi Vinayagar Temple Kumbabishekam Festival at Valapadi Taluk, Salem district. This representation was rejected by the respondent, without giving any reasons on 19.06.2023. Therefore, this petition is filed challenging the order passed by the respondent on 19.06.2023 and for giving permission for conducting Adal Padal programme on 24.06.2023.

3. Learned Government Advocate (Criminal side) submitted that, in

the light of the Circular Memorandum issued by Director General of Police, Tamil Nadu, Chennai, in Rc.03316/General.I(1)/2023, dated 01.06.2023, appropriate orders may be passed.

4. Considered the rival submissions and perused the records.

5. From the materials produced before this Court, it can be gathered that, petitioner's representation dated 16.06.2023 for conducting Adal Padal programme during temple festival on 24.06.2023 at Mannaickenpatti Village Arulmigu Sree Sakthi Vinayagar Temple Kumbabishekam Festival at Valapadi Taluk, Salem district was rejected by the respondent, without assigning any reason.

6. In view of the fact that, the order dated 19.06.2023, rejecting the permission to conduct Adal Padal during temple festival is not a reasoned order, this Court set asides the order dated 19.06.2023 passed by the respondent. The respondent is directed to consider the petitioner's representation dated 16.06.2023 afresh and pass positive order, giving permission for conducting Adal Padal programme during temple festival on

24.06.2023 at Mannaickenpatti Village Arulmigu Sree Sakthi Vinayagar Temple Kumbabishekam Festival at Valapadi Taluk, Salem district with necessary conditions mentioned in the Circular Memorandum issued by Director General of Police, Tamil Nadu, Chennai, in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 and Rc.03316/General.I(1)/2023, dated 01.06.2023.

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

21.06.2023 Index :Yes/No Internet :Yes/No gd

To 1.The Inspector of Police, Valapadi Police Station, Valapadi, Salem District.

2.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

gd 21.06.2023