Rajendran M v. The District Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.9946 of 2025 and W.M.P.(MD) No.7414 of 2025 M.Rajendran ... Petitioner vs.
1.The District Superintendent of Police O/o. the District Superintendent of Police Tenkasi District.
2.The Superintendent of Police, Tenkasi, Tenkasi District.
3.The Sub-Inspector of Police Chinna Kovilangulam Police Station, Chinna Kovilangulam, Tenkasi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order passed by the 2nd respondent vide his Proceedings in Na.Ka.No. 47/Kaa.Thu.Ka/Sa.u/2025m dated 05.04.2025 Page No. 1 of 6
and quash the same as illegal and consequently direct the respondents herein to grant permission to conduct Adal Padal Programme on 09.04.2025 at about 08.00 PM to 11.00 PM, situated at Periyakovilangulam, Sankarankovil Taluk, Tenkasi District, in the event of Masthana Masthana Nadana Nattiya Committee to the Arulmigu Sri Kaliamman Anantha Valliamman Kovil at Periyakovilangulam Tenkasi District in pursuance of the petitioner's representation dated 17.03.2025. For petitioner :Mr.A.C.Asaithambi For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl side) *****
O R D E R
This petition is filed by the petitioner to call for the records pertaining to the Impugned Order passed by the 2nd respondent vide his Proceedings in Na.Ka.No.47/Kaa.Thu.Ka/Sa.u/2025, dated 05.04.2025 and quash the same as illegal and consequently, direct the respondents to grant permission to conduct Adal Padal Programme, on 09.04.2025 at about 08.00 PM to 11.00 PM, situated at Periyakovilangulam, Sankarankovil Taluk, Tenkasi District, by considering the petitioner's representation, dated 17.03.2025.
2. The learned counsel for the petitioner would submit that the Page No. 2 of 6
petitioner along with villagers decided to celebrate Panguni Festival and thereby, they decided to conduct cultural programme of Adal Padal on 09.04.2025 from 8.00 p.m to 11.00 p.m.. To that effect, they also approached the respondents, through representation, dated 17.03.2025. However, the Deputy Superintendent of Police, Sankarankovil rejected the request of the petitioner on the ground of law and order issue on 05.04.2025. The petitioner sent the representation on 17.03.2025, however, the rejection order was passed on 05.04.2025. Therefore, the order passed by the respondents after seven days is not valid and from the eighth day itself, it is deemed to be permitted as per the order of the Hon'ble Division Bench of this Court. However, they rejected the permission. Therefore, the petitioner filed this petition.
3. The learned Additional Public Prosecutor (Crl side) for the respondents would submit that the petitioner sent a representation, dated 17.03.2025 for conducting cultural programme of Adal Padal for the temple festival and the same was rejected on 05.04.2025 on the ground of law and order issue. Therefore, the petition is liable to be dismissed.
4. This Court heard both sides and perused the records. Page No. 3 of 6
5. According to the petitioner, the petitioner along with villagers decided to conduct festival on 09.04.2025 at Periyakovilangulam. During the said festival, they decided to conduct Adal Padal programme. For that, they approached the respondents for grant of permission, but the same was rejected on 05.04.2025. At the outset, the respondents ought to have considered the representation of the petitioner within seven days from the date of representation. But, no order was passed within seven days. Thereafter, on 05.04.2025, the rejection order was passed by the Deputy Superintendent of Police, Sankarankovil. Therefore, the rejection order is not valid, since from the eight day onwards, it is deemed to be permitted and further, if any order passed by the respondents after lapse of seventh day, it is not valid in the eye of law.
Therefore, the petitioner can ignore the order passed by the Deputy Superintendent of Police, Sankarankovil, since the order passed by the Deputy Superintendent of Police, Sankarankovil is contra to the order of the Hon'ble Division Bench of this Court, the same need not be set aside that order, as from the eighth day from 17.03.2025 itself, it is deemed to be permitted.
6. In view of the same, the petitioner can conduct festival as well as cultural programme on 09.04.2025 from 7.00 p.m. to 10.00 p.m. Further, Page No. 4 of 6
the respondents and the Deputy Superintendent of Police, Sankarankovil are directed to give police protection to the entire event and monitor the same in accordance with law.
7. With the above said directions and observations, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed.
08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Deputy Superintendent of Police O/o. the Deputy Superintendent of Police Tenkasi District.
2.The District Superintendent of Police O/o. the District Superintendent of Police Tenkasi District.
3.The Superintendent of Police, Tenkasi, Tenkasi District.
4.The Sub-Inspector of Police Chinn Kovilangulam Police Station, Chinn Kovilangulam, Tenkasi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.9946 of 2025 08.04.2025 Page No. 6 of 6