Boominathan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.2352 of 2023 Boominathan ... Petitioner Vs.
1.The Deputy Superintendent of Police, Manamadurai, 2.The Inspector of Police, Thiruppachethi Police Station, ... 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 relating to the rejection order passed by the second respondent in Na.Ka.No.02/Ka.Aa/Thiruppachethi/2023, dated 31.01.2023 and quash the same and consequently, direct the second respondent to grant permission and protection to conduct Adal Padal programme scheduled to be held on 20.02.2023 in connection with "65th Masi Kalari Urchava Vizha" in Sri Puliyarudaiya Ayyanar Kovil at Alangulam Village, Malavarayanenthal Village, Manamadurai, 1/6
For Petitioner : Mr.S.Arun Kumar, For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records relating to the rejection order passed by the second respondent in Na.Ka.No.02/Ka.Aa/Thiruppachethi/2023, dated 31.01.2023 and quash the same and consequently, direct the second respondent to grant permission and protection to conduct Adal Padal programme scheduled to be held on 20.02.2023 in connection with "65th Masi Kalari Urchava Vizha" in Sri Puliyarudaiya Ayyanar Kovil at Alangulam Village, Malavarayanenthal Village, Manamadurai,
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 31.01.2023, rejecting the petitioner's representation dated 30.01.2023 made by the writ petitioner for conducting Adal Padal programme stating that if Adal Padal programme is conducted on 20.02.2023, it will create a law and order problem. He would further submit that they may be permitted to conduct the programme on 20.02.2023 from 07.00 p.m. to 10.00 p.m.
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the programme as stated by the learned Additional Public Prosecutor.
5. I have considered the submission of the learned counsel appearing for the writ 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 3/6
the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file a fresh representation incorporating the date and time of the cultural programme before the second respondent 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 direction, this writ petition stands disposed of. No costs.
07.02.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No das 4/6
To 1.The Deputy Superintendent of Police, Manamadurai, 2.The Inspector of Police, Thiruppachethi Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR,J.
das Order made in W.P.(MD)No.2352 of 2023 Dated: 07.02.2023 6/6