Madras High CourtWP(MD)/12786/2022disposed of

Aathipazham Nadar v. The Deputy Superintendent Of Police

2022-06-22Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and W.M.P(MD) No.9075 of 2022 Aathipazham Nadar

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Thoothukudi,

2. The Inspector of Police, Pudukkottai Police Station,

...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 records relating to the impugned rejection order in Se.Mu.Aa.No.06/Pudukkottai P.S/Thoodi/2022, dated 14.06.2022 passed by the second respondent and quash the same and consequently direct the respondents to permit the petitioner to conduct "Aadal Padal" program scheduled to be held on 07.07.2022 in connection with "Temple Festival" in Arulmigu Sri Muthumalai Amman, Sri Pathrakali Amman Thirukovil at Pudukkottai Village, Thoothukudi District.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.side)

O R D E R

This Writ Petition has been filed by the petitioner challenging the impugned order passed by the second respondent proceedings in Se.Mu.Aa.No.06/Pudukkottai P.S/Thoodi/2022, dated 14.06.2022. 2.Mr.M.Sakthi Kumar, 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.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) for the respondents submitted 1/3

that the place selected by the petitioner to perform the function is a narrow place, hence it is difficult to perform the function and it will create law and order problem. Hence, the second respondent rejected the representation of the petitioner. He would further submit that the respondents are ready to consider the petitioner's representation, if they choose any other place.

4. Now, the learned counsel for the petitioner submitted that they are ready to choose another place for conducting the Temple Festival.

5. I have considered the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondents.

6. It is noted that the second 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, the impugned order passed by the second respondent dated 14.06.2022 is hereby set aside.

8. The learned counsel for the petitioner is ready to give a fresh representation to conduct Aadal padal pragramme. If the petitioner gives a fresh representation, the second respondent is directed to consider the representation of the petitioner and pass suitable orders based on the above said circular.

9. With the above direction, this Writ Petition is disposed of. No costs. Consequently the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // 30/06/2022 Sub Assistant Registrar(CS) ebsi To

1. The Deputy Superintendent of Police, Thoothukudi, 2/3

2. The Inspector of Police, Pudukkottai Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

22.06.2022 NSN(CO) KB(30.06.2022) 3P 4C 3/3