Karuppaiya v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.751 of 2024 Karuppaiya ... Petitioner /vs./ 1.The Superintendent of Police Office of the Superintendent of Police, Karur District.
2.The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.
3.The Inspector of Police Kulithalai Police Station, Karur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents No. 2 and 3 to give adequate police protection for conducting Pongal festival in Kurichi village, Kulithalai Taluk, Karur District, on 15.01.2024 in a peaceful manner. 1/6
For Petitioner : Mr.R.Venkatesan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the Respondent Nos. 2 and 3 to give adequate Police protection for conducting Pongal festival in Kurichi village, Kulithalai Taluk, Karur District, on 15.01.2024 in a peaceful manner. 2.The learned Additional Public Prosecutor takes notice for the Respondents. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor appearing for the Respondents. 4.The learned Counsel appearing for the Petitioner would submit that as the Pongal Festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this Pongal Festival. He would also submit 2/6
that the Petitioner is the President of the organizing committee. 5.The learned Additional Public Prosecutor appearing for the Respondents, on instructions, would submit that based on the judgments of the Hon'ble Division Bench of this Court, the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, had issued Circulars in Rc.No.159539/Crime 4(3)/2018 dated 31.10.2018 and in Rc.No.007301/General-I(I)/2019, dated 09.04.2019 and he would further submit that the representation of the Petitioner would be considered based on the aforesaid circulars. 6.In view of the submission made by the learned Additional Public Prosecutor, the Writ Petition is disposed of, with a direction to the Respondent concerned to consider the representation of the Petitioner dated 03.01.2024 based on the aforesaid circulars appropriately.
In case, there are any rival groups for the conduct of the Pongal Festival, the Deputy Superintendent of Police concerned and the Inspector of Police concerned shall report the matter to the Executive Magistrate concerned and the Executive Magistrate shall decide it finally during the Court holidays.
Revenue Divisional Officer, as the case may be, is binding on both parties, considering the special circumstances. No costs. 12.01.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No.
Ls Note: Issue Order Copy on 12.01.2024.
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TO:
1.The Superintendent of Police Office of the Superintendent of Police, Karur District.
2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.
3.The Inspector of Police Kulithalai Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SATHI KUMAR SUKUMARA KURUP , J.
Ls W.P.(MD)No.751 of 2024 12.01.2024 6/6