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Madras High CourtWP(MD)/10501/2022allowed

Thangavel v. The Superintendent Of Police

2022-05-25Honourable Mr Justice P. Velmurugan2 pages

W.P.(MD) No.10501 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.10501 of 2022 and W.M.P.(MD).No.7616 of 2022 Thangavel

...Petitioner

Vs.

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

2.The Sub Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings Nil dated 24.05.2022 and quash the same as illegal, consequently, direct the respondents to permit the petitioner to conducting "Adal Padal" on 31.05.2022 in the eve of Arulmigu 'Sree Bala Malayandi and Sree Kannimar Temple' festival at Sheelnacikanpatti, Thirunelpatti, Marungapuri Taluk, Trichy District.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

This Writ Petition has been filed to quash the impugned order passed by the second respondent in his proceedings Nil, dated 24.05.2022 and consequently, direct the respondents to permit the petitioner to conduct "Adal Padal" on 31.05.2022 on the eve of Arulmigu 'Sree Bala Malayandi and Sree Kannimar Temple' festival at Sheelnacikanpatti, Thirunelpatti, Marungapuri Taluk, Trichy District.

2. Heard the learned counsel on either side.

3.The petitioner has sent a representation on 24.05.2022 and the respondent police has also received the same and passed rejection order on the same day. The reasons stated in the rejection order are not acceptable and without any particulars or materials, they have baldly passed the rejection order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10501 of 2022 4.The reasons stated in the rejection order are flimsy and therefore, the rejection order passed by the second respondent, is set aside. The first respondent is directed to grant permission to the petitioner to conduct "Adal Padal" on 31.05.2022 on the eve of Arulmigu 'Sree Bala Malayandi and Sree Kannimar Temple' festival at Sheelnacikanpatti, Thirunelpatti, Marungapuri Taluk, Trichy District with a reasonable restriction and in case of any necessity, send the second respondent or any other policemen depending upon the prevailing situation in the said Village to monitor the cultural programme.

5.The second respondent is directed to appear before this Court on 26.05.2022 at 12.00 noon with the particulars regarding the corona prevailing cases reported within the limit of the Police Station and the first respondent is directed to take action against the second respondent for passing orders without any application of mind and without any particulars and file the action taken report before this Court on 26.05.2022.

6.With the above directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (Vacational Officer) // True Copy // 25/05/2022 Sub Assistant Registrar(CS) sji/lm To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Sub Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD) No.10501 of 2022 25.05.2022 RK(25/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2