Selva Elango v. The Deputy Superintendent Of Police
W.P.(MD).No.353 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.353 of 2022 Selva Elango ... Petitioner Vs.
1.The Deputy Superintendent of Police, Melur, Madurai District.
2.The Sub Inspector of Police, Keelavalavu 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 second respondent dated 28.12.2021 and quash the same and consequently, direct the respondents to permit the petitioner to conduct Valli Thirumanam Drama Program scheduled to be held on 14.01.2022 in Arulmigu Muthuvinayagar Thirukovil at Vatchampatti, Keelavalavu, Melur Taluk, Madurai District.
For Petitioner : Mr.V.Santhakumaresan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)
ORDER
The petitioner wants this Court to direct the respondents to grant permission to hold the petition mentioned event.
2. The second 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. The second respondent may not have the jurisdiction to reject the petitioner's request. Therefore, on the ground of lack of jurisdiction, the impugned order is set aside.
3. There does not appear to be any communal angle. The first respondent is therefore directed to give permission to the petitioner to hold the petition mentioned event. It is open to the first respondent to incorporate appropriate conditions to ensure the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.353 of 2022 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 first respondent while issuing the proceedings permitting the holding of the event shall stipulate appropriate conditions for adhering to Covid-19 protocol. I make it clear that the order has been passed in this writ petition based on the position obtaining today. It is of-course open to the first respondent to take a call, if any further lockdown restriction is imposed by the Government.
4. Recording the said undertaking, this Writ Petition is allowed. No costs.
Sd/- Assistant Registrar (W) // 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 Deputy Superintendent of Police, Melur, Madurai District.
2.The Sub Inspector of Police, Keelavalavu Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.(MD).No.353 of 2022 10.01.2022 SK(CO) GC(11.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2