Santhiran M v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Santhiran ... Petitioner Vs.

1. The Deputy Superintendent of Police, Nilakkottai Circle, Dindigul District.

2. The Inspector of Police, Viruvettu Police Station, Viruvettu, Dindigul 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 impugned order passed by the 2nd respondent, dated 24.03.2023 in Na.Ka.No.02/Viruveedu Ka.Nee./2023 and quash the same and direct the 2nd respondent to grant permission and necessary protection to perfrom the cultural programme i.e., Adal Padal on 09.04.2023 at 7.00 pm to 10.00 pm in the evening of "Panguni Thiruvizha" at "Arulmigu Sri Mandhaiamman Thirukovil" at Daramathupatti village, Nilakkottai Taluk, Dindigul District. 1/5

For Petitioner : Mr.K.Srinivasa Raghavan For Respondents : Mr.R.Sureshkumar Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent, dated 24.03.2023 in Na.Ka.No.02/Viruveedu Ka.Nee./2023 and quash the same and consequently, direct the 2nd respondent to grant permission and necessary protection to perform the cultural programme i.e., Adal Padal on 09.04.2023 at 7.00 pm to 10.00 pm in the evening of "Panguni Thiruvizha" at "Arulmigu Sri Mandhaiamman Thirukovil" at Daramathupatti village, Nilakkottai Taluk, Dindigul District.

2. Mr.R.Sureshkumar, 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 Government Advocate (Crl. Side) appearing for the respondents would submit that they have already issued proceedings on 2/5

24.03.2023 by rejecting the representation made by the writ petitioner dated 24.03.2023 for conducting the Cultural Programme stating that if the Adal Padal Programme is conducted in the said village, it will create a law and order problem.

4. 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.

5. It is noted that the third respondent police without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 passed the impugned order.

6. In view of the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, the impugned order passed by the third respondent dated 24.03.2023 is hereby set aside, the writ petitioner is directed to file a fresh representation before the third respondent and on such representation, the second respondent is hereby directed to consider the the same and pass orders on merits and in accordance with law by following the detailed 3/5

circular and guidelines issued by the Director General of Police in Rc. 007301/Genl.I (1)/2019 dated 09.04.2019,

7. With the above directions, this Writ Petition stands disposed of. No costs.

31.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp To

1. The Deputy Superintendent of Police, Nilakkottai Circle, Dindigul District.

2. The Inspector of Police, Viruvettu Police Station, Viruvettu, Dindigul District.

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

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G.ILANGOVAN,J trp Order made in Dated : 31.03.2023 5/5