Karungappan.U v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR U.Karungappan ... Petitioner Vs 1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Devakottai, Sivagangai District.
2.The Inspector of Police, Kallal Police Station, Kallal, Sivagangai 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 pertaining to the impugned order passed by the second respondent in his proceedings in C.No.49/SPS/DVK/2022, dated 27.12.2022 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the 'Adal Padal' programme on 16.01.2023 at 06.00 pm to 11.00 pm in connection with Keelapoongudi Village, Karaikkudi Post, The Annual Thai Pongal Festival, Sivagangai.
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For Petitioner : Mr.K.Sridhar, For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in C.No.49/SPS/DVK/2022, dated 27.12.2022 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the 'Adal Padal' programme on 16.01.2023 at 06.00 pm to 11.00 pm in connection with the Annual Thai Pongal Festival at Keelapoongudi Village, Karaikkudi Post, Sivagangai. 2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings dated 27.12.2022 rejecting the representation dated 26.12.2022 made by 2/5
the writ petitioner for conducting the adal padal programme. He would further submit that they may be permitted to conduct the programme on 16.01.2023 from 07.00 pm to 10.00 pm.
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the programme on 16.01.2023 from 07.00 p.m., to 10.00 p.m.
5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file afresh representation incorporating the date and time of the programme before 3/5
the second respondent police and on such representation, the second respondent police is hereby directed to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions based on the above said circular.
7. With the above directions, this Writ Petition stands disposed of. 09.01.2023 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Devakottai, Sivagangai District.
2.The Inspector of Police, Kallal Police Station, Kallal, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J das Order made in 09.01.2023 5/5