Kalaiammal v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Kalaiammal ... Petitioner versus 1.
The Superintendent of Police, Office of the Superintendent of Police, Vellore District.
2.
The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Gudiyatham Division, Vellore District.
3.
Inspector of Police, Melpatti Police Station, Vellore District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records from the file of the 3rd respondent and quash the order, relating to rejecting petitioner's request to conduct cultural events on the eve of the Vinayar Chathurthi celebrations to be held on 08/09/2024 at Arulmighu Sri Kaliamman Thiru Koil situated at Ambedkar Nagar, Valathur Village and Post, Gudiyatham Taluk, Vellore District with police protection.
Pg.Nos.1/5
For Petitioner :
Mr.D.Thirumoorthy For Respondents :
Mr.S.Udaya Kumar Government Advocate (Crl.Side)
O R D E R
The petitioner has filed an application seeking to conduct cultural programme by trans-gender on the eve of the Vinayar Chathurthi celebrations to be held on 08.09.2024 at Arulmighu Sri Kaliamman Thiru Koil situated at Ambedkar Nagar, Valathur Village and Post, Gudiyatham Taluk, Vellore District and the said application was rejected by the SubInspector of Police, Melpatti Police Station, Vellore District, assigning reasons thereunder. This rejection is now under challenge in the present writ petition before this Court.
2. Learned Government Advocate (Crl.Side) appearing for the respondents submits that Valathur Village falls within the patrol jurisdiction of Melpatti Police in Vellore District. The said Village is communal sensitive village and recently, a case in Crime No.219 of 2024 being registered and the same is pending due to clashes between two groups in that Village. Pg.Nos.2/5
Therefore, in order to prevent deterioration of law and order, the request for conducting cultural programme and music programme have been rejected.
3. This Court, after hearing the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), finds that the request seeking permission was rejected by the Police stating specific reason and pendency of the criminal complaint. Since two groups in the Village are in gratuitous mood and held engaged in disturbing public peace and therefore, this Court finds that there was no mala-fide rejection in granting permission for conducting cultural programme and music programme on the night of Vinayagar Chathurthi eve. Hence, this Writ Petition is dismissed. There shall be no order as to costs.
06.09.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5
To 1.
The Superintendent of Police, Office of the Superintendent of Police, Vellore District.
2.
The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Gudiyatham Division, Vellore District.
3.
The Inspector of Police, Melpatti Police Station, Vellore District.
4.
The Public Prosecutor High Court, Madras.
Pg.Nos.4/5
Dr.G.JAYACHANDRAN, J.
ms 06.09.2024 Pg.Nos.5/5