Dhandayuthabani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Dhandayuthabani ... Petitioner -vs1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Sub-Inspector of Police, Pappanadu Police Station, Thanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus by calling for the entire records pertaining to the impugned order Na.Ka.No.24/Ka.Ni.Pa/ 2023 dated 29.05.2023 passed by the 2nd respondent and quash the same and consequently direct the respondents to accord permission for conducting Aadal Padal cultural program which is scheduled to be taken place on 04.06.2023 in connection with the Vaikasi Viasaka Festival of SRI POONGAVIDAI AYYANAR TEMPLE situated at Arulmulai Village, Orathandu (Taluk), Thanjavur District.

For Petitioner :

Mr.M.Pitchaimuthu For Respondents :

Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

2. The Sub-Inspector of Police, Pappanadu Police Station, is present.

3. A perusal of the impugned order shows that it is against the spirit of the directions of the Division Bench of this Court made in W.P.(MD) No.12535 of 2023 dated 24.05.2023.

4. The Sub-Inspector of Police would submit that he was not aware of the order passed by the Division Bench of this Court when he passed the impugned order.

5. Accepting the said explanation, his appearance is dispensed with. In view of the directions issued by the Division Bench, it has become necessary for us to interfere with the order impugned in this writ petition.

6. Accordingly, this writ petition stands allowed. The order impugned is set aside. The petitioner will file an application for conduct of recreational programme during the festival giving specific date. The Sub-Inspector of Police, Pappanadu Police Station, will consider the application on its own merits in the light of the directions of the Division Bench contained in the order dated 24.05.2023 and pass appropriate orders. No costs. [R.S.M., J.] [L.V.G., J.] 02.06.2023 NCC : No Index : No Internet : Yes PKN

To

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

2. The Sub-Inspector of Police, Pappanadu Police Station, Thanjavur District.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 02.06.2023