Saminathan.A v. The Deputy Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P(MD).No.11491 of 2023 A.Saminathan ... Petitioner Vs.
1.The Deputy Superintendent of Police, Palani Circle, Dinigul District.
2.The Inspector of Police, Neikkarapatti Police Station, Palani Taluk, Dindigul District.
... 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 proceedings of impugned order of the second respondent dated 05.06.2023 on/e/f/vz;/;05bghJ /K-1/PS/2023 in respect of the cultural programme (Adal Padal Nigalchi) which is schedule to be held on 09.06.2023 at 06.00 p.m to 11.00 p.m in Sri Uchakaaliamman and Suyambumandukkaliamman Temple situated at Velur North Street, Neikkarapatti, Palani Taluk, Dindigul District and quash the same and further directing the 1/6
respondents to grant permission to conduct the cultural program (Adal Padal Nigalchi), which is schedule to be held on 09.06.2023 at 06.00 p.m to 11.00 p.m in Sri Uchakaaliamman and Suyambumandukkaliamman Temple situated at Velur North Street, Neikkarapatti, Palani Taluk, Dindigul District-624 615. For Petitioner : Mr.S.Thilagavathi 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, calling for the records relating to the proceedings of impugned order of the second respondent dated 05.06.2023 on/e/f/vz;/;05 bghJ/K-1/PS/2023 in respect of the cultural programme (Adal Padal Nigalchi) which is schedule to be held on 09.06.2023 at 06.00 p.m to 11.00 p.m in Sri Uchakaaliamman and Suyambumandukkaliamman Temple situated at Velur North Street, Neikkarapatti, Palani Taluk, Dindigul District and quash the same and further directing the respondents to grant permission to conduct the cultural program (Adal Padal Nigalchi), which is schedule to be held on 09.06.2023 at 06.00 p.m to 11.00 p.m in Sri Uchakaaliamman and 2/6
Suyambumandukkaliamman Temple situated at Velur North Street, Neikkarapatti, Palani Taluk, Dindigul District-624 615.
2. Mr.B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents.
3.Heard both sides.
4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Sri Uchakaaliamman and Suyambumandukkaliamman Temple situated at Velur North Street, Neikkarapatti, Palani Taluk, Dindigul District", is scheduled to be held on 09.06.2023. Subsequent to the same, in order to conduct a cultural programme on 09.06.2023, they sought permission of the police by giving a representation. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.
5. Perusal of impugned order shows that the representation that was made by the petitioner to conduct the cultural event was rejected by 3/6
the first respondent herein by the order dated 05.06.2023, on the ground that it will create a law and order problem.
6. The learned Additional Public Prosecutor appearing for the respondents police submitted that the respondents police are ready to consider the petitioner's representation, if the petitioner give a fresh representation by incorporating alternative date for conducting cultural programme.
7. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to give a fresh representation before the concerned respondent police by incorporating date.
8. The petitioner is hereby directed to give fresh representation to the second respondent by incorporating date and on such representation, the second respondent is hereby directed to consider the same and pass orders immediately following the order following the order of the Hon'ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy District and another, in W.P.(MD).No.12535 of 2023, dated 24.05.2023 and in the 4/6
light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019, dated 09.04.2019. 9.With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 05.06.2023 is hereby set aside. Consequently, connected Miscellaneous Petition is closed.
14.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To 1.The Deputy Superintendent of Police, Palani Circle, Dinigul District.
2.The Inspector of Police, Neikkarapatti Police Station, Palani Taluk, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J tta Order made in Dated : 14.06.2023 6/6