Kodivairavan.S v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2024

CORAM

THE HON'BLE MR.JUSTICE P.VADAMALAI S.Kodivairavan ... Petitioner Vs 1.State Commissioner of Police, O/o. the Commissioner of Police, Madurai City.

2.The Inspector of Police, O/o. the Inspector of Police, Koodal Pudur Police Station, Madurai.

... Respondents 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 entire records pertaining to the impugned order, dated 04.05.2024 passed by the respondent No.2 and quash the same as illegal and consequently, direct to grant permission tot he petitioner to conduct the Adal and Padal funtion scheduled from 21.05.2024 to 27.05.2024 in Arulmigu Sri Sangili Karupasamy and Arulmigu Mariamman Kovil festival. Park Town, Madurai.

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For Petitioner : Mr.J. Peer Mohammed For Respondents : Mr.R. Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition is filed for issuing a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order, dated 04.05.2024 passed by the respondent No.2 and quash the same and consequently, direct to grant permission to the petitioner to conduct the Adal and Padal function scheduled from 21.05.2024 to 27.05.2024 in Arulmigu Sri Sangili Karupasamy and Arulmigu Mariamman Kovil festival, Park Town, Madurai.

2. The petitioner, who is residing in the above said village, seeks permission from the respondents to conduct the Adal and Padal function scheduled from 21.05.2024 to 27.05.2024 in Arulmigu Sri Sangili Karupasamy and Arulmigu Mariamman Kovil festival,, Park Town, Madurai. He has given a representation on 28.04.2024 to the respondents, requesting for grant of permission. Since the said representation has been 2/6

rejected, the petitioner has filed this Writ Petition.

3. It is now represented by the learned Additional Public Prosecutor appearing for the respondents, on instructions, that due to the ensuing Lok Sabha elections and the Code of Conduct being in place, the petitioner will have to approach the Assistant Returning Officer, Madurai.

4. The learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to approach the Assistant Returning Officer, Madurai to enable the petitioner to get permission for conducting the Adal and Padal programme scheduled from 21.05.2024 to 27.05.2024 in Arulmigu Sri Sangili Karupasamy and Arulmigu Mariamman Kovil festival, Park Town, Madurai.

5. No prejudice will be caused to any other parties, if the petitioner is allowed to give a fresh representation to the Assistant Returning Officer, Madurai seeking permission to conduct the Adal and Padal programme on the scheduled dates and the Assistant Returning Officer, Madurai is directed to consider the said representation on merits and in accordance with law 3/6

within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Writ Petition is disposed of by directing the petitioner to give a fresh representation to the Assistant Returning Officer, Madurai, seeking permission to conduct the Adal and Padal prorgramme scheduled from 21.05.2024 to 27.05.2024 in Arulmigu Sri Sangili Karupasamy and Arulmigu Mariamman Kovil festival, Park Town, Madurai, within a period of three (3) days from the date of receipt of a copy of this order. On receipt of the said representation, the Assistant Returning Officer, Madurai is directed to consider the same on merits and in accordance with law and pass final orders within a period of three (3) days thereafter. There shall be no order as to costs. 16.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No trp Note: Issue order copy by 17.05.2024.

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To 1.State Commissioner of Police, O/o. the Commissioner of Police, Madurai City.

2.The Inspector of Police, O/o. the Inspector of Police, Koodal Pudur Police Station, Madurai.

3.The Assistant Returning Officer, Madurai.

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

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P. VADAMALAI, J., trp ORDER IN 16.05.2024 6/6