Prabakaramurthy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.6787 of 2024 Prabakaramurthy ... Petitioner /vs./ 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Town Police Station, Srivilliputtur, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the second respondent dated 12.03.2024 and quash the same as illegal and violative of principles of natural justice and consequently direct the Respondents to grant permission to conduct Aadal Paadal programme in the Tamil month of Panguni during Pongal Thiruvizha scheduled to be held on 21.03.2024 at about 06.00 p.m. to be conducted at the Arulmigu Sri Kaliamman Temple at Madavar Valagam, Srivilliputtur Taluk, Virudhunagar District.

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For Petitioner : Mr.S.Krishnan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition to quash the order dated 12.03.2024, passed by the second respondent and with a consequential direction to the Respondents for granting permission to conduct Aadal Paadal programme in the Tamil month of Panguni during Pongal Thiruvizha scheduled to be held on 21.03.2024 at about 06.00 p.m. to be conducted at the Arulmigu Sri Kaliamman Temple at Madavar Valagam, Srivilliputtur Taluk, Virudhunagar District.

2. It is the further contention of the learned Counsel for the Petitioner that the representation of the Petitioner was rejected by the second Respondent vide order dated 12.03.2024. Having no other way, the Petitioner approached this Court by way of filing this petition.

3. The learned Government Advocate (Criminal Side) on instructions from the Respondents would submit that the Respondent Police rejected the 2/6

representation of the Petitioner on the ground that Lok Sabha election has been declared and the election process has been commenced. Also, the place chosen to conduct the event is congested one. Therefore, the organizers of the event shall obtain necessary permission regarding cultural event, from the Executive Magistrate of the area concerned, without which the Respondents cannot grant permission. Since the Election Code of Conduct has come into force, it is essential for the Petitioner to get permission from the Executive Magistrate concerned.

4. Considering the submissions of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), the Petitioner is directed to give a fresh representation by today itself (20.03.2024) before the Tahsildar concerned, since the Executive Magistrate are busy with the election related activities and the Deputy Tahsildar concerned also granted powers during the election time. On receipt of such representation, either the Tahsildar or the Deputy Tahsildar of the area concerned shall pass appropriate orders, considering the right of the Petitioner to hold the event as well as the peaceful atmosphere prevailing in the Village, with regard to the Adal Padal dance program in connection with Panguni Thiruvizha at Arulmigu Sri Kaliamman 3/6

Temple at Madavar Valagam, Srivilliputtur Taluk, Virudhunagar District scheduled to be held on 21.03.2024 at about 06.00 p.m. In the event of granting permission, the Petitioner / organizers of the event shall give an undertaking that not to put up any flex boards praising any religious or communal leaders provoking any communal tensions in the programme. It is made clear that the program shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. The organizers of the event shall give an undertaking to that effect to the Executive Magistrate concerned and also to the Respondents. Also, the Petitioner shall pay appropriate charges as per the circular of the Director General of Police, Tamil Nadu / Head of State Police Force, Tamil Nadu, regarding deployment of Police personnel for Police protection.

5. With the above direction, this Writ Petition is disposed of. No costs. 20.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr Note: Issue Order Copy on 20.03.2024.

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TO:

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

2.The Inspector of Police, Town Police Station, Srivilliputtur, Virudhunagar District.

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SATHI KUMAR SUKUMARA KURUP, J.

Nsr Order made in W.P.(MD)No.6787 of 2024 Dated:

20.03.2024 6/6