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Madras High CourtWP(MD)/2088/2022allowed

Arumugam v. The Superintendent Of Police,

2022-02-02Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.2088 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2088 of 2022 Arumugam ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Ponnamaravathy, Pudukkottai District.

3.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent to direct the 3rd respondent to give permission with protection to conduct the cultural function Aadal-Paadal in connection with the consecration festival of Konnaiyur Aulmigu.Vellai Vinayagar Temple, Konnaiyur, Ponnamaravathy, Pudukkottai District, scheduled on 11.01.2022 at about 07.00 pm to 12.00 am in Konnaiyur Vellai Vinayagar Temple ground based on the petitioner's representation dated 25.01.2022. For Petitioner : Mr.NA.Palaniyandi For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side).

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.Though the petitioner wants to hold the petition mentioned event after 10.00 pm, in view of the lockdown restrictions imposed in the wake of pandemic, the petitioner undertakes to conclude the event before 09.45 pm. This undertaking is recorded. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2088 of 2022 3.There does not appear to be any communal angle. The second respondent is therefore directed to give permission to the petitioner to hold the petition mentioned event. It is open to the second respondent to incorporate appropriate conditions to ensure the 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 second 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 second 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Deputy Superintendent of Police, Ponnamaravathy, Pudukkottai District.

3.The Inspector of Police, Ponnamaravathy Police Station,Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-3779[F] dated 02/02/2022 ) W.P(MD)No.2088 of 2022 02.02.2022 MGJ(08.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2