Rajkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Rajkumar ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai.

3.The Inspector of Police, Salaigramam Police Station, 4.Senthil ... Respondents (R4 was suo motu impleaded as party respondent vide order dated 24.04.2023 passed by this Court.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 3rd respondent, dated Nil and quash the same as illegal and consequently, directing the 3rd respondent to grant permission and necessary protection 1/5

to conduct cultural program i.e. Adal Padal program scheduled to be held on 13.05.2023 at 06.00 PM to 11.00 PM in the eve of Pookuzhi Festival of Arulmighu Sri Maha Sathaiah Ayyanar Kovil, situated at Sathanur Village and Panchayat, Ilayankudi Taluk, Sivagangai District. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.B.Nambiselvan for R1 to R3 Additional Public Prosecutor Mr.J.Krishna Kumar for R4

O R D E R

The writ petitioner filed this Writ Petition seeking to quash the impugned order passed by the 3rd respondent, dated Nil and consequently, direction to the 3rd respondent to grant permission and necessary protection to conduct cultural program i.e. Adal Padal program scheduled to be held on 13.05.2023 at 06.00 PM to 11.00 PM in the eve of Pookuzhi Festival of Arulmighu Sri Maha Sathaiah Ayyanar Kovil, situated at Sathanur Village and Panchayat, Ilayankudi Taluk, 2.Mr.B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents 1 to 3. The fourth respondent, who is the rival party in this case, was suo motu impleaded by this Court pending writ 2/5

petition. He was also entered appearance through his counsel. 3.The learned Additional Public Prosecutor would submit that because of rivalry that existed between this petitioner and the newly impleaded party, they made representations as they are going to celebrate the festival on the very same day. Apprehending the breach of peace, the above said representation has been rejected.

4.Now the learned counsel appearing for the fourth respondent given an undertaking before this Court that they are ready to arrange the above said programme and festival on an alternate day. 5.As per the undertaking given by the learned counsel for the fourth respondent, the fourth respondent as well as the petitioner, shall give their fresh representations mentioning alternate days at their convenience to the third respondent. On such receipt of representations as mentioned above, let the above said two representations shall be considered by the third respondent and pass orders favourably imposing necessary conditions including the time schedule, to conduct the above said festivals, forthwith.

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6.With the above said directions, this writ petition is disposed of. No costs.

27.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM Note: Issue order copy on 28.04.2023.

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai.

3.The Inspector of Police, Salaigramam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J TM Order made in Dated 27.04.2023 5/5