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Madras High CourtWP(MD)/10742/2022allowed

Pandi v. The Superintendent Of Police

2022-06-07Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Pandi ... Petitioner Vs.

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

2. The Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent in proceedings No.Na.Ka.No.12/Se.Mu.Aa/2022 dated 20.05.2022 and quash the same and consequently directing the respondents to grant necessary permission and provide adequate police protection for conducting Aadal Padal function on 08.06.2022 at about 7.00 p.m in connection with Urasava Festival of Sri Sadayandi, Kaliamman Kovil Situated at Andipatti Village, Vadipatti Taluk, Madurai District based on the petitioner's representation dated 20.05.2022. For Petitioner : Mr.R.Selvaraj For Respondents : Mr.R.Suresh Kumar Government Advocate (crl.side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 20.05.2022 of the second respondent and to quash the rejected portion of the Aadal Padal on 09.06.2022 and consequently, to direct the respondents to grant permission and necessary protection to conduct the Aadal Padal alone on 08.06.2022 in connection with Urasava Festival of Sri Sadayandi, Kaliamman Kovil Situated at Andipatti Village, Vadipatti Taluk, Madurai District.

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2.Mr.R.Sureshkumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The learned counsel appearing for the petitioner submitted that temple festival, by name, Sri Sadayandi, Kaliamman Kovil, Andipatti Village, Vadipatti Taluk, Madurai District, is going to be held on 08.06.2022. Subsequent to the same, in order to conduct a cultural programme, they sought permission of the police by giving a representation dated 20.05.2022. But the second respondent police has rejected the same. Challenging the same, the present writ petition has been filed the above said relief. 4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that the second respondent police has rightly rejected the representation of the petitioner and hence, he prays for dismissal of this writ petition.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the second respondent police is hereby directed to consider the case of the petitioner and pass suitable orders based on the above said circular.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // 08/06/2022 Sub Assistant Registrar(CS) tta 2/3

To

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

2. The Inspector of Police, Vadipatti Police Station, Madurai District.

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

07.06.2022 USK/08.06.2022/3P/4C 3/3