Venkatraman v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2023 CORAM :

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

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

2. The Deputy Superintendent of Police, Karur Town, Karur District.

3. The Inspector of Police, Pasupathipalayam Police Station, Karur District.

4. The Sub Inspector of Police, Pasupathipalayam Police Station, Karur 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 pertaining to the impugned order passed by the 4th Respondnet in his proceedings in Na.Ka.No. 04/C1PS/PROC/KRR/2023 dated 10.04.2023 and quash the same as illegal and consequently direct the 4th respondent to give permission and adequate police protection for conducting the Cultural Program (Aadal Padal) to be conducted 1/6

Arulmigu Sri Bhagavathi Amman, Arulmigu Sri Karikali Amman and Arulmigu Sri Mariamman Temples on 26.04.2023 in Thirumanilaiyur, Karur District, by considering the petitioner's representation dated 10.04.2023.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 4th Respondnet in his proceedings in Na.Ka.No.04/C1PS/PROC/KRR/2023 dated 10.04.2023 and quash the same as illegal and consequently direct the 4th respondent to give permission and adequate police protection for conducting the Cultural Program (Aadal Padal) to be conducted Arulmigu Sri Bhagavathi Amman, Arulmigu Sri Karikali Amman and Arulmigu Sri Mariamman Temples on 26.04.2023 in Thirumanilaiyur, Karur District, by considering the petitioner's representation dated 10.04.2023.

2. Mr.B.Nambiselvan, learned Additional Public Prosecutor takes 2/6

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 Bhagavathi Amman, Arulmigu Sri Karikali Amman and Arulmigu Sri Mariamman Temples in Thirumanilaiyur, Karur District, is going to be held on 26.04.2023. Subsequent to the same, in order to conduct a cultural programme on 26.04.2023, they sought permission of the police by giving a representation dated 10.04.2023. 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.

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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.

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.04/C1PS/PROC/KRR/2023 dated 10.04.2023, 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.

21.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

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

2. The Deputy Superintendent of Police, Karur Town, Karur District.

3. The Inspector of Police, Pasupathipalayam Police Station, Karur District.

4. The Sub Inspector of Police, Pasupathipalayam Police Station, Karur District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 21.04.2023 6/6