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Madras High CourtWP(MD)/1602/2023closed

Kasi Arul .K v. The Superintendent Of Police

2023-01-27Honourable Mr Justice A.D.Jagadish Chandira6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA K.Kasi Arul ... Petitioner Vs.

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

2.The Inspector of Police, Kallal Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 03.02.2023 at 07.00 p.m. to 10.00 p.m. in connection with "Thiru Vizha" of Arulmigu Sri Pidari Amman Thirukovil at Thiruvalluvar street, Kurunthampattu, Karaikudi Taluk, Sivagangai District.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side) 1/6

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 03.02.2023 at 07.00 p.m. to 10.00 p.m. in connection with "Thiru Vizha" of Arulmigu Sri Pidari Amman Thirukovil at Thiruvalluvar street, Kurunthampattu, Karaikudi Taluk, Sivagangai District.

2. Mr.M.Muthumanikkam, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that festival for the temple, by name, "Arulmigu Sri Pidari Amman Thirukovil" situated at Thiruvalluvar street, Kurunthampattu, Karaikudi Taluk, Sivagangai District, is going to be held on 03.02.2023. Subsequent to the same, in order to conduct a cultural programme on 2/6

03.02.2023, they sought permission of the police by giving a representation dated 20.01.2023.

4. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that there is a communal rivalry existing in the local area on account of conducting the temple festival and there is a possibility of law and order problem. He would further submit that in respect of conducting temple festival, already a case has been registered in Crime No.21 of 2022 for the offences under Sections 294(b), 324 and 506(2) IPC altered into Sections 147, 148, 294(b), 324 and 506(2) IPC on the file of Kallal Police Station and hence, he would object for grant of permission.

5. At this juncture, the learned counsel appearing for the writ petitioner would submit that the writ petitioner made a representation in person on 20.01.2023 and also through post, but the respondents have not considered the said representation.

6. In view of the above, this Writ Petition stands closed with a direction to the second respondent to consider the writ petitioner's 3/6

representation dated 20.01.2023 and pass orders on or before 30.01.2023. No costs.

27.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm Note : Issue order copy today (27.01.2023) To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kallal Police Station, Sivagangai District.

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

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A.D.JAGADISH CHANDIRA ,J.

csm Order made in Dated: 27.01.2023 6/6