Karuppaiah v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN Karuppaiah ... Petitioner vs.
1.The Superintendent of Police, O/o. Superintendent of Police, Vellunachiyar Campus, Dindigul.
2.The Inspector of Police, Ottanchathiram Police Station, Ottanchathiram, Dindigul District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to grant permission and protection to conduct the Adal Padal cultural program on 01.06.2022 at about 7.00 p.m. in pursuant to the temple Vaikasi Pongal festival of Sri Kaliamman, Sri Mariamman, Sri Bhavathi Amman Temple situated at Vellamaduthupatti, Sri Ramapuram Panchayat, Dindigul District and consider the petitioner's representation dated 04.05.2022. For Petitioner : Mr.M.Vivek Bharathi For Respondents : Mr.S.Manikandan Government Advocate (Crl.side)
O R D E R
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to grant permission and protection to conduct the Adal Padal Cultural Programme on 01.06.2022 at about 7.00 p.m., pursuant to the Vaikasi Pongal Festival of Sri Kaliamman, Sri Mariamman, Sri Bhavathi Amman Temple situated at Vellamaduthupatti, Sri Ramapuram Panchayat, Dindigul District, by considering the petitioner's representation, dated 04.05.2022.
2. The learned counsel appearing for the petitioner would submit that the villagers have made a representation before the 1/3
second respondent in-person on 04.05.2022. Subsequently, they have sent a representation to the second respondent through registered post on 04.05.2022 and the same was also served to the second respondent on 05.05.2022. The said Adal Padal Cultural Programme scheduled to be held on 01.06.2022 and till filing of this petition, they were waiting for the permission from the respondent police. Since the respondent police have not given any response to consider the representation, dated 04.05.2022, the petitioner has approached this Court by filing the present writ petition with the aforesaid prayer.
3. Though the respondent police is present today, they admitted that they have received the representation on 05.04.2022, but till date they have not given any response to consider the representation of the petitioner, dated 04.05.2022.
4. The in-action of the respondent police is highly deprecated. The villagers have been unnecessarily dragged to the Court to get the permission, which clearly shows that the Department is not for the ordinary layman.
5. Normally this Court directs the respondent police to give permission to conduct the Adal Padal Cultural Programme. But, in this case, already sufficient representation has been given well in advance to the respondent police ie., 04.05.2022, 25 days prior to the date of function. However, the petitioner has approached this Court as the respondent police have not given any response to their representation. Therefore, this Court is inclined to grant permission to the petitioner to perform the Adal Padal Cultural Programme during the festival on 01.06.2022. The first respondent is directed to depute the second respondent to the said Village, during the cultural programme to monitor the Adal Padal Cultural Programme, in order to avoid the untoward incident during the cultural programme. Accordingly, this Writ Petition is disposed of. No costs.
Sd/- Vacation Officer/ Assistant Registrar // True Copy // 31/05/2022 Sub Assistant Registrar(CS) akv To 1.The Superintendent of Police, O/o. Superintendent of Police, Vellunachiyar Campus,Dindigul.
2/3
2.The Inspector of Police, Ottanchathiram Police Station, Ottanchathiram, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.(MD)No.10454 of 2022 26.05.2022 RK(31/05/2022) 3P 4C 3/3