M.Manikanda Boopathy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL M.Manikanda Boopathy ... Petitioner Vs.

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

2.The Inspector of Police, Srivaikundam Police Station, Srivaikundam, Tuticorin District.

... Respondent 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 of the impugned order of the respondent, dated 28.02.2025 and quash the same and consequently direct the respondent to grant permission and necessary protection to conduct the music concert ie., "Innisai Katcheri" on 08.03.2025 in "Arulmigu Sivakami Ammal Udanurai Nadunakkar Mathiyapatheeswarar Temple, Vellur, Srivaikundam Taluk, Thoothukudi District".

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For Petitioner : Mr.N.Pragalathan For Respondent : Mr.R.M.Anbunithi (R1, R2) Additional Public Prosecutor

ORDER

The present writ petition has been filed to quash the order, dated 28.02.2025 passed by the respondent and consequently direct the respondent to grant permission for conducting "Innisai Katcheri" on 08.03.2025 at "Arulmigu Sivakami Ammal Udanurai Nadunakkar Mathiyapatheeswarar Temple, Vellur, Srivaikundam Taluk, Thoothukudi District".

2. According to the petitioner, the Temple, namely, "Arulmigu Sivakami Ammal Udanurai Nadunakkar Mathiyapatheeswarar Temple" is situated in Vellur Post, Srivaikundam Taluk, Tuticorin District and they used to conduct Masi Festival for 12 days on every year. Similarly, this year also, they decided to conduct festival and for that, they decided to conduct cultural programme of "Innisai Katcheri" on 08.03.2025. The respondent rejected the petitioner's representation, dated 28.02.2025 and the same was disposed of by rejecting the request 2/6

of the petitioner on the ground of law and order issue. The petitioner also undertakes to conduct the "Innisai Katcheri" without any law and order issue. Therefore, the permission has to be granted to the petitioner for "Innisai Katcheri" scheduled to be held on 08.03.2025.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that they received the representation of the petitioner, dated 27.02.2025 and due to law and order issue, they rejected the representation of the petitioner for conducting "Innisai Katcheri" through an order, dated 28.02.2025.

4. This Court had heard both sides and perused the materials available on record.

5. Already the petitioner sent a representation, dated 27.02.2025 for conducting "Innisai Katcheri" on 08.03.2025 and the same was rejected on the ground of law and order issue. Now the petitioner undertakes before this Court that they will not create any law and order issue and they will conduct "Innisai Katcheri" in a peaceful 3/6

manner. The petitioner's prayer is to give permission on 08.03.2025. Therefore, this Court is inclined to grant permission to the petitioner to conduct "Innisai Katcheri" in a peaceful manner without any law and order issue. The 2nd respondent is directed to monitor the said "Innisai Katcheri" and ensure the peace and law and order during the said "Innisai Katcheri". The petitioner also has to ensure not to praise any particular community and to any first priority to anybody and without any obscene activities they have to conduct "Innisai Katcheri".

6. With the above said directions, this writ petition stands disposed of. There shall be no order as to costs. 07.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes PNM Note: Issue order copy on 07.03.2025.

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To

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

2.The Inspector of Police, Srivaikundam Police Station, Srivaikundam, Tuticorin District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL, J.

PNM 07.03.2025 6/6