P.Andidurai v. The 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.2469 of 2023 P.Andidurai ... Petitioner Vs.
1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Alankulam Police Station, Virudhunagar 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 on the file of the second respondent in connection with the impugned order of rejection passed by him in Na.Ka.No.01/Va.Aa/Vempakottai/2023, dated 02.02.2023 and quash the same as illegal and arbitrary and consequently, directing the respondents to grant permission and necessary protection to conduct "Aadalum Padalum" programme scheduled to be held on 08.02.2023 from 06.00 pm for Arulmigu Shri Kottamalai Kaliayamman Temple Festival situated at A.Lakshmipuram, Alangulam, Virudhunagar District, based on the 1/6
petitioner's representation, dated 02.02.2023 submitted to the second respondent in person.
For Petitioner : Mr.M.Pandian, 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 on the file of the second respondent in connection with the impugned order of rejection passed by him in Na.Ka.No.01/Va.Aa/Vempakottai/2023, dated 02.02.2023 and quash the same as illegal and arbitrary and consequently, directing the respondents to grant permission and necessary protection to conduct "Aadalum Padalum" programme scheduled to be held on 08.02.2023 from 06.00 pm for Arulmigu Shri Kottamalai Kaliayamman Temple Festival situated at A.Lakshmipuram, Alangulam, Virudhunagar District, based on the petitioner's representation, dated 02.02.2023 submitted to the second respondent in person.
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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.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings rejecting the representation dated 02.02.2023 made by the writ petitioner for conducting Adal Padal programme stating that if Adal Padal programme is conducted on 08.02.2023, it will create a law and order problem. He would further submit that they may be permitted to conduct the programme on 08.02.2023 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.
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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 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 Note : Issue order copy on 07.02.2023.
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To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Alankulam Police Station, Virudhunagar 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 W.P.(MD)No.2469 of 2023 Dated: 07.02.2023 6/6