R.Manoharan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024 CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP R.Manoharan, ... Petitioner Vs
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the rejection order dated 04.03.2024 passed by the 2nd respondent and quash the same and consequently direct the respondents to grant permission and protection for conducting Adal Padal program scheduled to be held on 19.03.2024 at 6.00 pm to 11.00 pm in connection with Panguni Pongal Thiruvizha at Arulmigu Muthumariamman Kovil, Thennalagapuri Village, Keelaigudi, Ilayangudi Taluk, Sivagangai District.
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For Petitioner : Mr.V.Manikandan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)
O R D E R
The learned Counsel for the Petitioner submit that this petition had been filed seeking Writ of Certiorarified Mandamus, to quash the rejection order dated 04.03.2024 passed by the second Respondent and to direct the Respondents to grant permission and police protection for conducting Adal Padal program scheduled to be held on 19.03.2024 at 6.00 pm to 11.00 pm in connection with Panguni Pongal Thiruvizha at Arulmigu Muthumariamman Kovil, Thennalagapuri Village, Keelaigudi, Ilayangudi Taluk, Sivagangai District.
2.It is the further submission of the learned Counsel for the Petitioner that the representation given by the Petitioner seeking permission, dated 04.03.2024 was rejected by the second Respondent. 3.The learned Government Advocate (Crl.Side) on instructions of the Respondents submit that the permission was refused on the ground of ensuing annual exams for the school children and considering the breach 2/6
of peace in the locality. He further submits that if fresh representation along with an undertaking is given, the Respondents are ready to consider the same that too based on the undertaking to be given by the organizers.
4.Considering the above, the Petitioner is directed to give a fresh representation to the Respondent Police by today (15.03.2024) or tomorrow (16.03.2024) along with an undertaking by each of the organizing committee members that they will undertake that there will not be any breach of peace and also to provide volunteers for maintaining peace in the locality.
5.The learned Counsel for the Petitioner also seeks police protection for conducting the said programme. Under such instances, the organizers of the event shall pay necessary charges for the deployment of Police Personnel as per the circular of the Director General of Police, Head of State Police Force, Chennai-4, issued in Rc.No. 193784/PAC-2/2017, dated 19.03.2019.
6.The Respondents are directed to consider the fresh 3/6
representation to be given by the Petitioner favorably in the light of the circular issued by the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, had issued a circular in Rc.No. 007301/General I(I)/2019, dated 09.04.2019 and dispose of the same in a day.
7.With the above directions, this Writ Petition is disposed of. No costs.
15.03.2024 Index :Yes/No Internet: Yes/No LR Note: Issue Order Copy on or before 18.03.2024 4/6
To
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SATHI KUMAR SUKUMARA KURUP, J.
LR W.P(MD).No.6277 of 2024 15.03.2024 6/6