A.Gandhi, S/O.Andivel, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7566 of 2018 A.Gandhi ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Sub Division, 3.The Sub-Inspector of Police, Devathanapatti Police Station, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order, dated 29.03.2018 passed by the third respondent and quash the same as illegal and consequently direct the Respondent No.3 to give the permission for conducting Aadal Padal on 13.04.2018 (for one day) and give adequate police protection for peaceful performance of Aadal Padal programme in connection with the Festival scheduled to be conducted in the Arulmigu Sri Muthalamman Kovil, G.Kallupatti, Genguvarpatti Post, Periyakulam Taluk, Theni District. For Petitioner : Mr.V.Muthumani For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

This writ petition has been filed seeking to quash the impugned order passed by the third respondent dated 29.03.2018 and consequently direct the third respondent to give the permission for conducting Aadal Padal on 13.04.2018 (for one day) and give adequate police protection for peaceful performance of Aadal Padal programme in connection with the Festival scheduled to be conducted in the arulmigu Sri Muthalamman Kovil, G.Kallupatti, Genguvarpatti Post, Periyakulam Taluk, Theni District.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.According to the petitioner, he made a representation to the

third respondent to grant permission to conduct Aadal Padal programme to be held on 13.04.2018. The said application was rejected on the ground that if the permission is granted, it will create a law and order problem between the communities. Challenging the aforesaid order, the present writ petition has been filed. 4.The learned Government Advocate appearing for the respondents would submit that the third respondent has considered the said representation and rejected the same on the ground that if the permission is granted, it will create a law and order problem among the communities and therefore, the petitioner's representation was rightly rejected by the third respondent. 5.For the reasons stated in the impugned passed by the third respondent rejecting the representation of the petitioner on the ground that if the permission is granted, it will create a law and order problem between the communities and at the same time, there is no material has been placed before this Court to substantiate his contention for the rejection.

6.Considering the facts and circumstances of the case, this Court directs the petitioner to make a fresh representation before the Inspector of Police, Devathanapatti Police Station, Theni District today itself (I.e., on 11.04.2018). If any such representation is received within the date, the Inspector of Police, Devathanapatti Police shall consider the same and pass appropriate orders on merits and in accordance with law on or before 12.04.2018, by taking note of the order passed by this Court in WP(MD)No.7043 of 2018 dated 02.04.2018.

7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Sub Division,

3.The Inspector of Police, Devathanapatti Police Station, 4.The Sub-Inspector of Police, Devathanapatti Police Station, +1 cc to Mr.R.SENTHIL KUMAR, Advocate, SR.60799 W.P.(MD)No.7566 of 2018 11.04.2018 AM KK/SV MMS/11.04.2018/SAR-4/3P-6C