Ondi Thevar v. The Superintendent Of Police

W.P.(MD) No.10397 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.10397 of 2022 Ondi Thevar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Puliyankudi Sub Division, Tenkasi District.

3.The Sub-Inspector of Police, Chokkampatti Police Station, Tenkasi District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.144/CAMP/SDOP/2022, passed by the 2nd respondent, dated 20.05.2022 and quash the same as illegal and consequently direct the second respondent to give permission and protection to perform the "Innisai Katcheri" on 25.05.2022 at Sri Utchinimahaliamman Kovil Kalaiyarangam at about 07.00 p.m., to 11.00 p.m., in respect of the temple festival of "Kodai Thiruvizha" in "Sri Utchinimahaliamman Kovil" situated at Thirukudapuram, Tenkasi District. For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.SS.Madhavan Government Advocate (Crl. side)

O R D E R

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.144/CAMP/SDOP/2022, passed by the 2nd respondent, dated 20.05.2022 and quash the same as illegal and consequently, direct the second respondent to give permission and protection to perform the "Innisai Katcheri" on 25.05.2022 at Sri Utchinimahaliamman Kovil Kalaiyarangam at about 07.00 p.m., to 11.00 p.m., in respect of the temple festival of "Kodai Thiruvizha" in "Sri Utchinimahaliamman Kovil" situated at Thirukudapuram, Tenkasi District.

2.Heard the learned counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10397 of 2022 3.The petitioner has sent a representation on 21.05.2022 and the respondent police has also received the same and passed the rejection order on the same day, but the reason is unwarranted. The Superintendent of Police, without application of mind, has passed the rejection order without getting any information from the local persons.

4.Therefore, under these circumstances, the rejection order passed by the Superintendent of Police, dated 20.05.2022, is set aside and the Sub-Inspector of Police, Chokkampatti Police Station, Tenkasi District is directed to grant permission with reasonable restrictions and in case of any necessity, send two police men to monitor the events.

5.With the above directions, this Writ Petition is allowed. No costs.

6.The Superintendent of Police, Tenkasi District is directed to appear before this Court on 26.05.2022 at 12.00 noon. Sd/- Vacation Officer // True Copy // 25/05/2022 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Deputy Superintendent of Police, Puliyankudi Sub Division, Tenkasi District.

3.The Sub-Inspector of Police, Chokkampatti Police Station, Tenkasi District.

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

W.P.(MD) No.10397 of 2022 25.05.2022 RS (25.05.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2