Nagaraj v. The Superintendent Of Police
W.P.(MD) No.10393 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.10393 of 2022 Nagaraj (Village Nattamai)
...Petitioner
Vs.
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Sempatti Police Station, Dindigul District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.54/R1-PS/DGL/2022 dated 21.05.2022 and quash the same and consequently directing the respondents herein to grant permission for conducting on 31.05.2022 Karagattam, on 01.06.2022 at 7.00 PM Drama, on 02.06.2022 Aadalum Padalum at 7.00 PM at Uthappagoundenpatti, Patchamalaiyankottai Village, Nilakottai Taluk, Dindigul District on the eve of Sri Kaliamman, Sri Bagavathyamman, Sri Mariamman.
For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.SS.Madhavan Government Advocate (Crl. side)
O R D E R
This Writ Petition has been filed challenging the impugned order passed by the second respondent, dated 21.05.2022 and to quash the same and consequently, direct the respondents to grant permission to conduct Karakattam on 31.05.2022, Drama on 01.06.2022 at 7.00 p.m. and Aadalum Padalum on 02.06.2022 at 7.00 PM at Uthappagoundenpatti, Patchamalaiyankottai Village, Nilakottai Taluk, Dindigul District on the eve of Sri Kaliamman, Sri Bagavathyamman, Sri Mariamman temple festival.
2.The petitioner has sent a representation on 21.05.2022 and the second respondent police has received the same and passed rejection order on the same day. A careful perusal of the reply given by the second respondent shows that that due to pandemic https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.10393 of 2022 situation, they are not in a position to grant permission. 3.A reading of the impugned order reveals that without any statistics and without any authenticating information from the Health Department, the second respondent has given a bald reply and therefore, under these circumstances, the rejection order passed by the second respondent, dated 21.05.2022, is hereby set aside. Since there is no specific case reported regarding Corona on the prevailing date, the second respondent police is directed to give permission to the petitioner/Village to conduct the aforesaid programmes. However, the second respondent police is directed to monitor the events and in case of any necessity, send two policemen to the Village on the date of events and also by giving reasonable restrictions.
4.With the above directions, this Writ Petition is allowed. There shall be no order as to costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) sji/lm To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Sempatti Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S. SARVAGANPRABHU, Advocate ( SR-24120[F] dated 25/05/2022 ) W.P.(MD) No.10393 of 2022 25.05.2022 RD(27.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2