Iyappan S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.6590 of 2023 S.Iyappan ... Petitioner Vs.
1.The Superintendent of Police, Madurai, Madurai District.
2.The Inspector of Police, Melavalavu Police Station, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal programme on 03.04.2023 at 06.00 p.m to 11.00 p.m in connection with "Thiru Vizha" of Arulmigu Sri Karakuthuamman Thirukovil at SKA Nagar, Sekkipatti, Mellur Taluk, Madurai District. For Petitioner : Mr.V.Manikandan For Respondents : Mr.P.Kottai Chamy Government Advocate(Crl. Side) 1/5
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal programme on 03.04.2023 at 06.00 p.m to 11.00 p.m in connection with "Thiru Vizha" of Arulmigu Sri Karakuthuamman Thirukovil at SKA Nagar, Sekkipatti, Mellur Taluk, Madurai District.
2. Mr.P.Kottai Chamy, learned Government Advocate (Crl. Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Karakuthuamman Thirukovil'' at SKA Nagar, Sekkipatti, Mellur Taluk, Madurai District, is going to be held on 03.04.2023. Subsequent to the same, in order to conduct a cultural programme on 03.04.2023 at about 06.00 p.m., to 11.00 p.m, they sought permission from the police by giving a representation dated 15.03.2023. But, the second respondent has not 2/5
considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.
4. The learned Government Advocate(Crl. Side) appearing for the respondents would submit that the second respondent has received the representation of the writ petitioner and the same is pending for consideration. He further submitted that in the neighboring village, a murder took place in a similar event, over which, the apprehension of breach of peace by the respondents.
5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.
6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc. 007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the second respondent is hereby directed to 3/5
consider the representation of the writ petitioner, dated 15.03.2023 and also considering the submission made by the learned Government Advocate(Crl. Side), pass suitable order by taking into account the ground situated today. Depending upon the outcome of the representation dated 15.03.2023, the petitioner shall workout his remedy through appropriate proceedings.
7. With the above direction, this Writ Petition stands disposed of. No costs.
28.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To 1.The Superintendent of Police, Madurai, Madurai District.
2.The Inspector of Police, Melavalavu Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J tta Order made in Dated : 28.03.2023 5/5