Vijayakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Vijayakumar ... Petitioner Vs

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

2. The Inspector of Police, Sedapatti 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 Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 2nd respondent in Na.Ka.No. 18/Peraiyur - Kaval Vattam / 2025 dated 18.03.2025 and quash the same as illegal and consequently, direct the 2nd respondents to grant permission to perform Adal Padal Dance Programme at Shree 1/6

Muthalamman Thirukovil is situated at Alligundam village, Usilampatti taluk, Madurai district on 07.04.2025.

For Petitioner : Mr.A.Prabakaran, For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking to quash the proceedings of the second respondent in Na.Ka.No.18/Peraiyur - Kaval Vattam / 2025 dated 18.03.2025 and to direct the second respondent to grant permission to perform Adal Padal Dance Programme at Shree Muthalamman Thirukovil situated at Alligundam village, Usilampatti Taluk, Madurai District on 07.04.2025.

2.According to the petitioner, he is the member of the festival committee of the said temple. While so, the village people decided to conduct festival on 09.04.2025 and 10.04.2025 and also decided to conduct Adal Padal programme on 07.04.2025 at about 07.00 pm to 2/6

10.00 pm, to that effect they also sent a representation to the second respondent on 16.03.2025 and the same was rejected by the second respondent on the ground that already some villagers decided to conduct Adal padal programme on 08.04.2025 for the same temple. The petitioner's group decided to conduct Adal Padal programme on 07.04.2025. Therefore, both the programmes are on different dates but without considering the same, the second respondent rejected the permission and once the second respondent granted permission to other group for conducting the programme on 08.04.2025, then the same yardstick has to be applied for the petitioner also, but the second respondent failed to consider the same and erroneously rejected the petitioner's request. Therefore, the order passed by the second respondent is liable to be set aside.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner's representation was received on 18.03.2025 seeking police protection for conducting Adal Padal programme for the said temple on 07.04.2025. However, already, some other people got permission to conduct Adal Padal programme on 08.04.2025 for the same temple. Therefore, the petitioner's request was 3/6

rejected and the second respondent passed the reasoned order. Hence this petition is liable to be dismissed.

4.Heard both sides and perused the records.

5.According to the petitioner, they decided to conduct the Adal Padal programme for the said temple festival on 07.04.2025, for which they sent a representation and the same was not rejected. According to the respondent police, already villagers got permission for conducting Adal Padal programme on 08.04.2025, for the same temple. 6.The respondent cannot deny permission only for the reason that already permission was granted for another date to other persons for the same temple. Once, the second respondent decided to grant permission to the other group, the same type of permission ought to have been granted for the petitioner group also. Therefore, the impugned order is quashed and the second respondent is directed to grant permission to the petitioner for conducting the said programme on 07.04.2025 as granted permission to the other group.

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7.This writ petition is allowed in the above terms. 01.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

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

2. The Inspector of Police, Sedapatti Police Station, Madurai District.

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

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P.DHANABAL , J.

LR 01.04.2025 6/6