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Madras High CourtWP(MD)/7545/2023disposed of

Viswanathan K v. The Superintendent Of Police

2023-04-03Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN K.Viswanathan ... Petitioner Vs.

1. The Superintendent of Police, Theni District, Theni

2. The Inspector of Police, Devadanapatti Police Station, Theni 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 05.04.2023 at 08.00 pm to 11.00 pm in connection with "Thiru Vizha" of Arulmigu Sri Muthalamman Thirukovil, G. Amsapuram, Periyakulam Taluk, Theni District. For Petitioner : Mr.R. Karthic Rajan For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/5

O R D E R

The 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 05.04.2023 at 08.00 pm to 11.00 pm in connection with "Thiru Vizha" of Arulmigu Sri Muthalamman Thirukovil, G.Amsapuram, Periyakulam Taluk, Theni District.

2. Mr.R.Suresh Kumar, 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 Muthalamman Thirukovil, G. Amsapuram, Periyakulam Taluk, Theni District", is going to be held on 05.04.2023. Subsequent to the same, in order to conduct a cultural programme on 05.04.2023, they sought permission of the Police by giving a representation dated 22.03.2023 and 29.03.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the 2/5

above said relief.

4. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that when the similar program was arranged in 2018, there was trouble arose, for which, Crime No.145 of 2018 was registered on 02.05.2018 and in 2022 also, Crime No.125 of 2022 was registered. If such permission is granted, again trouble may occur. On the above said ground, the representation that was made by the petitioner is kept pending.

5. Since because of the continuous problem, when the similar program was conducted, the representation that was made by the petitioner is kept pending.

5. Recording the submission made by the learned Government Advocate (Crl. Side), the second respondent is directed to consider the representation given by the writ petitioner dated 22.03.2023 and 29.03.2023 and pass orders in accordance with law. 3/5

6. With the above direction, this Writ Petition stands disposed of. No costs.

03.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

1. The Superintendent of Police, Theni District, Theni

2. The Inspector of Police, Devadanapatti Police Station, Theni District.

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

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G.ILANGOVAN, J Indu Order made in Dated :03.04.2023 5/5