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Madras High CourtWP(MD)/92/2022allowed

Ramalingasethupathy v. The Superintendent Of Police

2022-01-05Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD).No.92 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.92 of 2022 Ramalingasethupathy ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Keelavalau Police Station, Madurai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent dated 26.12.2021 and quash the same as illegal and consequently, direct the third respondent to give adequate grant permission and protection for cultural event namely "Sri Valli Thirumanam Nadagam" scheduled to be held on 17.01.2022 at night in connection with "Thai Poosam Festival" Arulmigu Sri Aandi Balagar Swamy Kovil at Seminipatty Village, Keelavalau, Melur Taluk, Madurai District.

For Petitioner : Mr.C.Gunasekaran For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The petitioner wants this Court to direct the second respondent to permit him to conduct the petition mentioned event.

2. The third respondent by citing the prevalence of pandemic had denied permission for holding the petition mentioned event. It is true that the lock down imposed in the wake of Covid-19 pandemic is yet to be fully lifted. However, social life has substantially returned to normalcy. Therefore, the impugned order is set aside. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.92 of 2022 3 .The petitioner asserts that there is no communal angle. The second respondent is therefore directed to grant permission to the petitioner to hold the petition mentioned event. It is open to the second respondent to incorporate appropriate conditions for ensuring the smooth conduct of the event. The petitioner through his counsel gives an undertaking that the organizers of the event will adhere to the police directives. The second respondent while issuing the proceedings permitting the holding of the event shall stipulate appropriate conditions for adhering to Covid-19 protocol.

4. Recording the said undertaking, this Writ Petition is allowed.

Sd/- Assistant Registrar(P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Keelavalau Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD).No.92 of 2022 05.01.2022 SE(CO) TR(06.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2