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Madras High CourtWP(MD)/7805/2023disposed of

Sannasi Raja R v. The Superintendent Of Police

2023-04-06Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN R. Sannasi Raja ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Bodinaickkanur, Theni District.

3.The Inspector of Police, Bodinaickkanur Police Station, Bodinaickkanur, Theni District.

4.The Sub Inspector of Police, Bodinaickkanur Taluk Police Station, Bodinaickkanur, Theni 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 relating to the order passed by the 4th respondent proceeding in Na.Ka.No.96/Bodi Taluka Ka.Ni./2023, dated 28.03.2023 and quash same and directing the respondents to grant permission to their 1/6

Mahajana Sangam to conduct "Nadana Nattiya Programme, Adala Padal Programme and Karakattam Programme on 26.04.2023, 28.04.2023 and 30.04.2023 respectively, as part of the Arulmigu Sri Thathappasamy Thirukovil Ashtabanthana Maha Kumbabisheka Perunchanthi Peruvizha Cum Swamy Kumbidy Vizha at Sillamarathupatti, Bodinacickkanur Taluk, Theni District.

For Petitioner : Mr.K. Guhan 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 relating to the order passed by the 4th respondent proceeding in Na.Ka.No.96/Bodi Taluka Ka.Ni./2023, dated 28.03.2023 and quash same and directing the respondents to grant permission to their Mahajana Sangam to conduct "Nadana Nattiya Programme, Adala Padal Programme and Karakattam Programme on 26.04.2023, 28.04.2023 and 30.04.2023 respectively, as part of the Arulmigu Sri Thathappasamy Thirukovil Ashtabanthana Maha Kumbabisheka Perunchanthi Peruvizha Cum Swamy Kumbidy Vizha at Sillamarathupatti, Bodinacickkanur Taluk, Theni District. 2/6

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 28.03.2023 by rejecting the representation made by the writ petitioner dated 28.03.2023 for conducting the Adal Padal Programmes stating that if programmes is conducted in the said village, it will create a law and order problem. He would further submit that the petitioner must produce CCTV coverage in the above said event place, so that no untoward antecedents will be created. If the above said undertaking given by the petitioner the respondents will consider the representation on merits.

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 3/6

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 28.03.2023 is hereby set aside, the writ petitioner is directed to file a fresh representation before the respondents and on such representation, the respondents are hereby directed to consider the the same and pass orders on merits and in accordance with law by following the detailed 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.

06.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp 4/6

To

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

2.The Deputy Superintendent of Police, Bodinaickkanur, Theni District.

3.The Inspector of Police, Bodinaickkanur Police Station, Bodinaickkanur, Theni District.

4.The Sub Inspector of Police, Bodinaickkanur Taluk Police Station, Bodinaickkanur, Theni District.

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

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G.ILANGOVAN,J trp , lOrder made in Dated :06.04.2023 6/6