Krishnamoorthy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Krishnamoorthy ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, 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 in pursuant to the impugned order in Na.Ka.No. 01/Kaa/Aa/Thiruppu/2023, dated 09.01.2023 passed by the second respondent and quash the same as illegal and consequently, directing the respondents to grant permission and to provide police protection to conduct the Aadalum Padalum dance programme on 13.01.2023 from 07.00 pm to 11.00 pm in pursuant to the Temple Yearly Temple Maavilakku - Paalkudam Festival of Arulmigu Veeramakaliamman Thirukoil, situated at Ladanendal Village, Thiruppuvanam Taluk, Sivagangai District, by considering the petitioner's representation, dated 06.01.2023.

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For Petitioner : Mr.M.S.Senthil Kumar, 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 in pursuant to the impugned order in Na.Ka.No.01/Kaa/Aa/Thiruppu/2023, dated 09.01.2023 passed by the second respondent and quash the same as illegal and consequently, directing the respondents to grant permission and to provide police protection to conduct the Aadalum Padalum dance programme on 13.01.2023 from 07.00 pm to 11.00 pm in pursuant to the Temple Yearly Temple Maavilakku - Paalkudam Festival of Arulmigu Veeramakaliamman Thirukoil, situated at Ladanendal Village, Thiruppuvanam Taluk, Sivagangai District, by considering the petitioner's representation, dated 06.01.2023. 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. 2/6

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings dated 09.01.2023 rejecting the representation dated 06.01.2023 made by the writ petitioner for conducting the adal padal programme. He would further submit that they may be permitted to conduct the programme on 13.01.2023 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 3/6

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 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. 12.01.2023 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das Note : Issue order copy on 12.01.2023.

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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 12.01.2023 6/6