Akhila Bharath Hindu Maha Sabha v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023 CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Akhila Bharath Hindu Maha Sabha, Represented by its District Leader, G.Vallabai Bala @ Balakrishnan, Having office at Periyar Colony, Avinashi Road, Tiruppur - 641 652.
... Petitioner
Versus
1.The Commissioner of Police, Tiruppur City, Tiruppur.
2.The Assistant Commissioner of Police, Anuparpalayam Range, Tiruppur City, Tiruppur.
3.The Inspector of Police, Anuparpalayam Police Station, Tiruppur.
4.The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur.
5.The Inspector of Police, 15, Velampalayam Police Station, Tiruppur.
... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant permission and police protection for installation and worship of Vinayagar Idols on 18.09.2023 and consequently direct the respondents to grant permission and police protection for procession and immersion of Vinayagar Idols by considering the representation of the petitioner dated 18.07.2023.
For Petitioner : Mr.S.Arjun For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****
O R D E R
This writ petition has been filed seeking for a direction to the respondents to consider the representation made by the petitioner dated 18.07.2023 wherein the petitioner has sought for police protection for installation and for immersion of Vinayagar Idols.
2. Heard Mr.S.Arjun, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.
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3. Learned Additional Public Prosecutor, on instructions, submitted that a Standard Operating Procedure has been provided through G.O.Ms.No.598, Public (Law & Order.B) Department, dated 09.08.2018 and whoever wants to install and immerse Vinayagar Idols must satisfy all the requirements under the Government Order. Therefore, when a representation is made seeking for permission/protection, all the requirements under the Government Order must be fulfilled and the relevant undertaking must also be given.
4. Learned Additional Public Prosecutor submitted that in the present case, the petitioner has merely made a representation without fulfilling the requirements under the relevant Government Order. It was further submitted that the entire process of installation and immersion of Vinayagar idols will be completed between 18.09.2023 and 23.09.2023 and thereafter, no permission will be granted.
5. In the light of the above submission made by the learned Additional Public Prosecutor, there shall be a direction to the petitioner to submit a fresh representation to the second respondent along with 3/6
annexures/undertaking as provided in G.O.Ms.No.598, Public (Law & Order.B) Department, dated 09.08.2018. The same shall be considered by the second respondent and a decision shall be taken by the second respondent on or before 16.09.2023. The representation/complaint of the petitioner shall be submitted before the second respondent in the prescribed format by tomorrow i.e. 13.09.2023. This writ petition stands disposed of with the above direction. No costs.
12.09.2023 Note: Issue today (12.09.2023) Index: Yes/No Speaking Order / Non-Speaking Order rjr/gm 4/6
To 1.The Commissioner of Police, Tiruppur City, Tiruppur.
2.The Assistant Commissioner of Police, Anuparpalayam Range, Tiruppur City, Tiruppur.
3.The Inspector of Police, Anuparpalayam Police Station, Tiruppur.
4.The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur.
5.The Inspector of Police, 15, Velampalayam Police Station, Tiruppur.
6.The Public Prosecutor, High Court, Madras.
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N.ANAND VENKATESH, J gm 12.09.2023 6/6