Muthumuniyasamy.P v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.(MD).No.7555 of 2022 P.Muthumuniyasamy
...Petitioner
Vs.
1.The Superintendent of Police, Thoothukudi, Thoothukudi District.
2.The Deputy Superintendent of Police, Vizhathikulam, Thoothukudi District.
3.The Inspector of Police, Vizhathikulam Police Station, Thoothukudi 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 of the proceeding dated 23.05.2022 issued by the third respondent, quash the same and consequently directing the respondents to grant permission and necessary protection to conduct "Aadalum Padalum" scheduled to be held on 02.06.2022 from 6.00 PM for Shri Kaliyamman Temple Festival situated at A.Kanthasamipuram, Vizhathikulam Taluk, Thoothukudi District within the time limit that may be stipulated by this Court.
For Petitioner : M/s.M.Shobana For Respondents : Mr.M.Veeranthiran Government Advocate (Crl. side)
O R D E R
This Writ Petition has been filed challenging the proceedings dated 23.05.2022 issued by the third respondent and to quash the same and consequently, direct the respondents to grant permission and necessary protection to conduct "Aadalum Padalum" scheduled to be held on 02.06.2022 from 6.00 PM for Shri Kaliyamman Temple Festival situated at A.Kanthasamipuram, Vizhathikulam Taluk, Thoothukudi District.
2. Heard the learned counsel on either side.
3.Though the representation has been sent by the petitioner, the same was rejected by the third respondent on 23.05.2022. The 1/3
reasons stated in the impugned order for rejection of the representation are highly deprecated and unwarranted. Therefore, the rejection order passed by the third respondent, dated 23.05.2022, is set aside and the third respondent is directed to pass a fresh order permitting the petitioner to conduct "Aadalum Padalum" scheduled to be held on 02.06.2022 from 6.00 PM for Shri Kaliyamman Temple Festival situated at A.Kanthasamipuram, Vizhathikulam Taluk, Thoothukudi District as sought for in this Writ Petition with a reasonable restriction. In case of any necessity, the third respondent is directed to send two policemen from Vizhathikulam Police Station, Thoothukudi District or if otherwise it is necessary, the third respondent is directed to be present in person during the cultural programme to monitor the same. 4.Since the third respondent has not given any valid reason and rejected the representation without applying his mind, the respondents 1 and 2 are directed to take action against the third respondent and file the action taken report before this Court on 26.05.2022.
5.With the above direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
Sd/- Assistant Registrar (Vacation Officer) // True Copy // 25/05/2022 Sub Assistant Registrar(CS) sji/lm To 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.
2.The Deputy Superintendent of Police, Vizhathikulam, Thoothukudi District.
3.The Inspector of Police, Vizhathikulam Police Station, Thoothukudi District.
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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.PANDIAN, Advocate ( SR-24126[F] dated 25/05/2022 ) 25.05.2022 RK(25/05/2022) 3P 6C 3/3