Yokkiyam .P v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.7737 of 2024 and W.M.P.(MD) No.7075 of 2024 P.Yokkiyam ... Petitioner /vs./ 1.The Deputy Superintendent of Police, Theni Sub Division, Theni District.
2.The Inspector of Police, Allinagaram Police Station, Theni District.
3.The Tahsildar, Theni Sub Division, Theni.
(R3 has been suo motu impleaded by this Court vide order dated 26.03.2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to 1/5
the rejection order in Na.Ka.No.415/Ka.Thu.Ka/Theni/2024 dated 24.03.2024 passed by the 1st 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 27.03.2024 at 06.00 pm to 11.00 pm in connection with Thiruvizha at Arulmigu Sri Manthaiyamman Thirukovil at Pinnathevanpatti village, Lakshmipuram, Theni Tauk, Theni District. For Petitioner : Mr.V.Manikandan For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.side)
ORDER
The learned Counsel for the Petitioner submits that the Petitioner had filed this Petition seeking Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order in Na.Ka.No.415/Ka.Thu.Ka/Theni/2024 dated 24.03.2024 passed by the first Respondent, to quash the same and to direct the Respondents to grant th epermission and protection for conducting the Adal Padal program on 27.03.2024 at 06.00 pm to 11.00 pm in connection with Thiruvizha at Arulmigu Sri Manthaiyamman Thirukovil at Pinnathevanpatti village, Lakshmipuram, Theni Tauk, Theni District.
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2.The learned Government Advocate (Crl.side) objected to the submission of the learned Counsel for the Petitioner stating that there is shortage of man power on the Police Department due to the model code of conduct in force. The Petitioner's request for conducing the events was considered by the Police except the cultural event, Aadal Paadal.
3.Considering the difficulties expressed by the Respondents during the election period, each of the members of the Organizing Committee shall give written undertaking to the second Respondent that they will follow the model code of conduct and they will maintain the peace in the village. The Tahsildar, Theni Sub Division, Theni, is suo motu impleaded as third Respondent in this petition, considering the model code of conduct in force through out India. The third Respondent as Executive Magistrate shall pass appropriate orders. If there is any violation of conditions or breach of peace, the Respondents are within their powers to stop the event including the cultural events. The Organizers of the festival shall employ the youth of the village as volunteers to maintain the peace and to ensure the peace in the place, where the cultural events are held. The Respondents shall deploy the police force, as per the circular of the Director 3/5
General of Police, Head of State Police Force, Chennai-4, issued in Rc.No. 193784/PAC-2/2017, dated 19.03.2019, for which the Organizers of the festival shall pay the necessary charges.
With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 26.03.2024 Index : Yes / No Internet : Yes / No mm Note :
i) Registry is directed to carry out necessary amendment and ii) issue order copy on 27.03.2024.
TO:
1.The Deputy Superintendent of Police, Theni Sub Division, Theni District.
2.The Inspector of Police, Allinagaram Police Station, Theni District.
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SATHI KUMAR SUKUMARA KURUP , J.
mm Order made in W.P.(MD)No.7737 of 2024 Dated:
26.03.2024 5/5