Manikandan.A v. The Deputy Superintendent Of Police(Rural)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P(MD) No.9402 of 2023 Manikandan.A ... Petitioner Vs.
1. The Deputy Superintendent of Police (Rural), Thanjavur.
2. The Deputy Superintendent of Police, Papansam, Thanjavur District.
3. The Inspector of Police, Ammapettai Police Station, Thanjavur 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 1st respondent in his proceedings in Na.Ka.No.05/Tha.Oa.U.Ko./2023 dated 12.04.2023 and quash the same as illegal, consequently direct the respondents to permit the petitioner to conduct Valli Thirumana Nadakam on 14.05.2023 and Nattupura Padal Programme on 15.05.2023 in Vaduvachiyamman Temple, Arumalaikottai, Papanasam Taluk, Thanjavur 1/6
District.
For Petitioner : Mr. Arunraj.K For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor
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 pertaining to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.05/Tha.Oa.U.Ko./2023 dated 12.04.2023 and quash the same as illegal, consequently direct the respondents to permit the petitioner to conduct Valli Thirumana Nadakam on 14.05.2023 and Nattupura Padal Programme on 15.05.2023 in Vaduvachiyamman Temple, Arumalaikottai, Papanasam Taluk, Thanjavur District.
2. Mr.B.Nambiselvan, learned Additional Public Prosecutor 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 writ petitioner submitted that festival for the temple, by name, "Vaduvachiyamman Temple, Arumalaikottai, Papanasam Taluk, Thanjavur District, is going to be held 2/6
on 14.05.2023 and 15.05.2023. Subsequent to the same, in order to conduct a cultural programme on 14.05.2023 and 15.05.2023, they sought permission of the police by giving a representation dated 11.04.2023. But, the third respondent has considered and rejected the said representation on 12.04.2023. Challenging the same, the writ petitioner has come before this Court for the above said relief.
4. The learned Additional Public Prosecutor appearing for the respondents would submit that if fresh representation is given to the third respondent, the same will be considered.
5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.
6. It is noted that the third respondent police without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 passed the impugned order.
7. In view of the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, 3/6
rejection order in Na.Ka.No.05/Tha.Oa.U.Ko./2023 dated 12.04.2023, passed by the third respondent is hereby set aside. The writ petitioner is directed to file a fresh representation before the third respondent and on such representation, the third respondent shall consider the same and pass suitable orders based on the above said circular and the time for conducting the cultural programme may be fixed by the concerned authority, depending upon the situation in the locality. 8.With the above directions, this Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 28.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6
To
1. The Deputy Superintendent of Police (Rural), Thanjavur.
2. The Deputy Superintendent of Police, Papansam, Thanjavur District.
3. The Inspector of Police, Ammapettai Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J Indu Order made in Dated :28.04.2023 6/6