Thangapandian v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2022

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Thangapandian ... Petitioner Vs.

1.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2.The Sub Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for records pertaining to the impugned order passed by the second respondent, dated 24.05.2022 vide his proceedings NIL and quash the same as illegal and violative of principles of natural justice and consequently direct the respondents to grant permission to conduct Aadal Paadal Programme during Vaigasi Pongal festival scheduled to be held on 26.05.2022 at about 06.00 PM to be conducted at the Arulmigu Selliyaramman Temple, A.Lakshmipuram Village and Post, Vembakottai Taluk, Trichy District.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.S.Manikandan Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed for a writ of Certiorarified Mandamus to quash the impugned order passed by the second respondent, dated 24.05.2022 vide his proceedings NIL and consequently direct the respondents to grant permission to conduct Aadal Paadal Programme during Vaigasi Pongal festival scheduled to be held on 26.05.2022 at about 06.00 PM to be conducted at the Arulmigu Selliyaramman Temple, A.Lakshmipuram Village and Post, Vembakottai Taluk, Trichy District.

2. Heard the learned counsel on either side.

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3. The learned counsel for the petitioner submitted that the second respondent rejected the representation of the petitioner by a non-speaking order and also he did not apply his mind while passing the order. Hence, he prays this Court to set aside the impugned order and grant permission to conduct the Adala Paadal Programme.

4. On a perusal of the impugned order, it is seen that the rejection order was passed by the second respondent without applying his mind and the impugned order is also non-speaking order. Therefore, the impugned order is set aside and the second respondent is directed to grant permission to conduct the cultural program to be held on 26.05.2022 with reasonable restrictions. If necessary, in case of any necessity, send two police men to monitor the events in order to avoid any untoward incident to the respondents. The first respondent is directed to take action against the second respondent for passing non-speaking order without applying his mind because when the public approach a police officer, a responsible police officer should be very responsible to the public and impugned order shows that the second respondent had not shown any response to the public, who approached him. Therefore, the second respondent is directed to appear before this Court tomorrow (26.05.2022) at 12.30 p.m.

5. With the above directions, the writ petition stands allowed. No costs.

Sd/- Vacation Officer/ Assistant Registrar (T&P) // True Copy // 25/05/2022 Sub Assistant Registrar(CS) sn/ias To 1.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2.The Sub Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

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

25.05.2022 GC(25.05.2022) 3P 4C 3/3