Muthuraman v. The Deputy Superintendent Of Police

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

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Muthuraman ... Petitioner Vs.

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

2. The Inspector of Police, Vadipatti Police Station, Vadipatti, 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 relating to the impugned order in Na.Ka.No. 02/Se.Mu.Aa/2023 dated 24.03.2023 and quash the same as illegal and consequently direct the 2nd respondent to give permission and protection to perform the Adal Padal on 05.04.023 in respect of the temple festival of Thirukaraga Utchava Thiruvizha in Arulmigu Sree Veerammakali alias Seelaikariamman, Sree Alagumalaiyan, Sree Pattavan and Sree Sonaisamy Thirukovil, situated at Kattakulam, Vadipatti Taluk, Madurai district.

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For Petitioner : Mr. Kevin Karan K For Respondents : Mr.R.Sureshkumar Government Advocate (Crl. Side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No. 02/Se.Mu.Aa/2023 dated 24.03.2023 and quash the same as illegal and consequently direct the 2nd respondent to give permission and protection to perform the Adal Padal on 05.04.023 in respect of the temple festival of Thirukaraga Utchava Thiruvizha in Arulmigu Sree Veerammakali alias Seelaikariamman, Sree Alagumalaiyan, Sree Pattavan and Sree Sonaisamy Thirukovil, situated at Kattakulam, Vadipatti Taluk, Madurai 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 Sree Veerammakali alias 2/6

Seelaikariamman, Sree Alagumalaiyan, Sree Pattavan and Sree Sonaisamy Thirukovil, situated at Kattakulam, Vadipatti Taluk, Madurai 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 23.03.2023. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that if fresh representation is given to the second respondent, the same will be considered.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

6. It is noted that the second 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. 3/6

7. 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, rejection order in Na.Ka.No.02/Se.Mu.Aa/2023 dated 24.03.2023, passed by the 2nd respondent is hereby set aside. The writ petitioner is directed to file a fresh representation before the second respondent and on such representation, the second respondent shall consider the same and pass suitable orders based on the above said circular and the time for conducting the cultural programme may be fixed by the concerned authority, depending upon the situation in the locality. 8.With the above directions, this Writ Petition stands disposed of. No costs.

03.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

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

2. The Inspector of Police, Vadipatti Police Station, Vadipatti, Madurai 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 6/6