Saranraj R v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.04.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD)Nos.8322, 8323 & 8324 of 2023 Saranraj R ... Petitioner Vs.
1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur, Karur District.
2. The Inspector of Police, Valayuthampalayam Police Station, Velayuthampalayam, 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, to call for the records pertaining to the impugned order in Na.Ka. No. 04/Ka.Ve.Ka.Ni/Karur/2023, dated 15.04.2023 on the file of the respondent No.2 and quash the same as illegal and consequently direct the respondent No.2 to give the permission for conducting the Aadal Paadal schedule to be held on 25.04.2023 at about 10.00 pm to 2.00 am and God Procession in connection with Karakattam Programmes on the 1/6
night of 26.04.2023 at 7.00 pm to 11.00 pm and give adequate police protection for peaceful performance of Temple Festival scheduled to be conducted in the Arulmigu Sri Sempadapalayam Bhagavathi Amman and Arulmigu Nanaparappu Mariamman Temple situated at Sempadapalayam, Pugalur Village, Karur District. For Petitioner : Mr. Balasubramanian N For Respondents : Mr.R.Sureshkumar Government Advocate (Crl. Side)
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka. No.04/Ka.Ve.Ka.Ni/Karur/2023, dated 15.04.2023 on the file of the respondent No.2 and quash the same as illegal and consequently direct the respondent No.2 to give the permission for conducting the Aadal Paadal schedule to be held on 25.04.2023 at about 10.00 pm to 2.00 am and God Procession in connection with Karakattam Programmes on the night of 26.04.2023 at 7.00 pm to 11.00 pm and give adequate police protection for peaceful performance of Temple Festival scheduled to be conducted in the Arulmigu Sri Sempadapalayam Bhagavathi Amman and Arulmigu 2/6
Nanaparappu Mariamman Temple situated at Sempadapalayam, Pugalur Village, Karur District.
2. Mr.R.Suresh Kumar, 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 counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Sempadapalayam Bhagavathi Amman and Arulmigu Nanaparappu Mariamman Temple situated at Sempadapalayam, Pugalur Village, Karur District", is going to be held on 25.04.2023 to 28.04.2023. Subsequent to the same, in order to conduct a cultural programme on 25.04.2023 and 26.04.2023, they sought permission of the police by giving a representation dated 11.04.2023. 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 Government Advocate (Crl. Side) appearing for the respondents would submit that if fresh representation is given to the second respondent, the same will be considered. 3/6
5. 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.
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/Ka.Ve.Ka.Ni/Karur/2023, dated 15.04.2023, 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. 4/6
8.With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
21.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To
1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur, Karur District.
2. The Inspector of Police, Valayuthampalayam Police Station, Velayuthampalayam, Karur District.
3.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