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Madras High CourtWP(MD)/5225/2025disposed of

Murugesan v. The Assistant Superintendent Of Police

2025-02-26Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Murugesan ... Petitioner Vs

1. The Assistant Superintendent of Police, Thirumangalam Sub Division,

2. The Inspector of Police, AWPS - Thirumangalam, Circle Inspector in Charge of Thirumangalam Taluk,

3. The Sub Inspector of Police, Koodakovil 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 call for the records pertaining to the impugned rejection order dated 20.02.2025 on the file of the 2nd respondent and quash the same as illegal and consequently direct the 2nd and 3rd respondent to provide adequate police protection and grant permission to the cultural and dance 1/6

program scheduled on 28.02.2025, place near to the temple namely Sri Valagurunathan temple situated in the Periyar Ulagani Village, Kallikudi Taluk, Madurai.

For Petitioner : Mr.S.Ayyabar Prem Kumar For R1- R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed challenging the impugned rejection order passed by the 2nd respondent on 20.02.2025 by declining permission for conducting cultural programme on 28.02.2025 at Periyar Ulagani Village, Kallikudi Taluk, Madurai.

2.The learned counsel for the petitioner would submit that on account of Sivaratri festival, the villagers have decided to celebrate festival and to conduct cultural programme on 28.02.2025. In this regard, the representation sent by the petitioner to the 2nd respondent was rejected on 20.02.2025 stating that there is no sufficient police force to give police protection and the adjacent villagers will also participate in the said programme, which would create law and order issue. The said reasons is not a ground to reject the request of the petitioner. Moreover, 2/6

the petitioner would assure that they will not create any law and order issue. Therefore, permission may be granted to conduct cultural programme with police protection.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that the representation sent by the petitioner seeking permission to conduct cultural programme was rejected by the 2nd respondent on 20.02.2025, since there is no adequate police personnel to give protection to all the villages and the people in the adjacent village would also participate in the said programme, which would create law and order issue.

4.Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents and perused the materials available on record.

5.Considering the limited scope of the prayer sought for in the writ petition, the villagers have decided to conduct cultural programme on the eve of Sivaratri festival and also the undertaking given by the petitioner that they will not create any law and order issue and the 3/6

reason stated by the second respondent to reject the request is not a valid ground, this Court is inclined to set aside the impugned order, dated 20.02.2025 and permitted the petitioner to conduct cultural programme under the supervision of the 2nd respondent. The 2nd respondent is at liberty to impose necessary conditions to conduct cultural programme and also directed to ensure the safety of the general public, who are participating the said cultural programme.

6.With the aforesaid observations and directions, this writ petition stands disposed of.

26.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No Note : Issue order copy on 27.02.2025.

PNM To

1. The Assistant Superintendent of Police, Thirumangalam Sub Division,

2. The Inspector of Police, AWPS - Thirumangalam, Circle Inspector in Charge of Thirumangalam Taluk, 4/6

3. The Sub Inspector of Police, Koodakovil Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

P.DHANABAL , J.

PNM 26.02.2025 6/6