Ramesh v. The Superintendent Of Police
W.P.(MD) No.10442 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.10442 of 2022 and W.M.P.(MD).No.7512 of 2022 Ramesh
...Petitioner
Vs.
1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Deputy Superintendent of Police, Puliyankudi Sub Division, Tenkasi District.
3.The Inspector of Police, Kadayanallur 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.127/CAMP/SDOP/2022, passed by the second respondent, dated 10.05.2022, and quash the same as illegal and consequently direct the second respondent to give permission and protection to perform the ''Innisai Katcheri'' on 28.05.2022 at Sri Kaliamman Kovil Ground at about 7.00 p.m., to 11.00 p.m., in respect of the temple festival of "Kodai Thiruvizha" in "Sri Kaliamman Kovil" situated at Kumanthapuram, Kadayanallur, Tenkasi District. For Petitioner : Mr.C.Iyyapparaj For Respondents : Mr.M.Veeranthiran 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.127/CAMP/SDOP/2022, passed by the second respondent, dated 10.05.2022, and quash the same as illegal and consequently direct the second respondent to give permission and protection to perform the ''Innisai Katcheri'' on 28.05.2022 at Sri Kaliamman Kovil Ground at about 7.00 p.m., to 11.00 p.m., in respect of the temple festival of "Kodai Thiruvizha" in "Sri Kaliamman Kovil" situated at Kumanthapuram, Kadayanallur, Tenkasi District. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.10442 of 2022 2.Heard the learned counsel on either side.
3.The petitioner has sent a representation on 10.05.2022 and the respondent police has also received the representation and passed rejection order on the same day. Since the Superintendent of Police/first respondent without application of mind has passed the rejection order and without giving any particulars or statistics prevailing in the said place/villages, the said rejection order is unwarranted.
4.Therefore, under these circumstances, the rejection order passed by the Superintendent of Police, dated 10.05.2022 is set aside and the third respondent is directed to grant permission with reasonable restrictions and in case of any necessity, send two police men to monitor the events in order to avoid any untoward incident to the respondents.
5.With the above directions, this Writ Petition is allowed. No costs.
6.The first respondent is directed to appear before this Court on 26.05.2022 at 12.00 noon. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (Vacational Officer) // True Copy // 25/05/2022 Sub Assistant Registrar(CS) sji/lm To 1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Deputy Superintendent of Police, Puliyankudi Sub Division, Tenkasi District.
3.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.(MD) No.10442 of 2022 25.05.2022 GC(25/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2