Manickam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Manickam ... Petitioner Vs

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

2. The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy 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 give permission to conduct the Chithra Pournami festival in front of the Sri Mahamariamman Temple, situated at Ammankudi Village, Thottiyam Taluk, Trichy District for the distribution of Annathanam and to conduct Siruthondar Drama, on 11.05.2025 and 12.05.2025 and on the basis of petitioners representation dated 16.01.2025.

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For Petitioner : Mr.G.Sridharan For Respondents : Mr.R.M.Anbunithi (R1- R2) Additional Public Prosecutor

ORDER

The present writ petition has been filed to direct the respondents to give permission to conduct the Chithra Pournami festival in front of the Sri Mahamariamman Temple, situated at Ammankudi Village, Thottiyam Taluk, Trichy District for the distribution of Annathanam and to conduct Siruthondar Drama, on 11.05.2025 and 12.05.2025 and on the basis of petitioner's representation dated 16.01.2025.

2. According to the petitioner, the villagers have decided to celebrate Chithra Pournami festival in front of the Sri Mahamariamman Temple, situated at Ammankudi Village, Thottiyam Taluk, Trichy District and to conduct distribution of Annathanam and Siruthondar Drama, on 11.05.2025 and 12.05.2025. In this regard, they have sent a representation on 16.01.2025 and the same was not considered. Hence, this petition has been filed.

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3.The learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner dated 16.01.2025 was already considered and the same was rejected on 13.04.2025. Hence, the petitioner has to challenge the said order. 4.In reply, the learned counsel for the petitioner would submit that they have sent representation on 16.01.2025 and till the date of filing of this petition, no order has been passed by the respondents. Now without serving any copy of rejection order, the respondent police have stated that they have rejected the petitioner's request on 13.04.2025. Hence, it is liable to be quashed.

5.This Court had heard the learned counsels appearing on both sides and perused the materials available on record. 6.According to the petitioner, they have decided to celebrate Chithra Pournami festival at Sri Mahamariamman Temple and during the event they have decided to conduct distribution of Annathanam and Siruthondar Drama, on 11.05.2025 and 12.05.2025 and the same was 3/7

rejected, after filing of this petition, without any valid ground. According to the respondents police, they have rejected the request of the petitioner on the ground that in the year 2021, during the festival there was a law and order problem between the parties and both parties involved in rioting and the respondent police have also registered cases against them.

7.The prayer of the petitioner is to conduct distribution of Annathanam and Siruthondar Drama, on 11.05.2025 and 12.05.2025 on the eve of Chithra Pournami festival and the rejection order is passed without any valid reasons by citing the dispute arosen in the year 2021. Now the petitioner is ready to conduct the event without any law and order problem. The respondent police ought to have granted permission by imposing some conditions, instead of rejecting the request. Therefore, the order passed by the 3rd respondent by declining to grant permission to conduct Annathanam and Siruthondar Drama on 11.05.2025 and 12.05.2025 is liable to be set aside.

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8.In view of the above, this writ petition is allowed by setting aside the rejection order of the 2nd respondent, dated 13.04.2025 and this Court directs the 2nd respondent to grant permission for conducting distribution of Annathanam and Siruthondar Drama, on 11.05.2025 and 12.05.2025 on the eve of Chithra Pournami festival at Sri Mahamariamman Temple, situated at Ammankudi Village, Thottiyam Taluk, Trichy District, by imposing necessary conditions. The petitioner is also directed not to create any law and order problem, during the event.

10. With the above said observations and directions, this writ petition stands disposed of.

15.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Note : Issue order copy on 17.04.2025 PNM 5/7

To

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

2. The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District.

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

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P.DHANABAL, J.

PNM 15.04.2025 7/7