Sureshkumar.V v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.13708 of 2023 and WMP(MD).No.11528 of 2023 V. Sureshkumar ... Petitioner Vs.
1. The Superintendent of Police, Ponnamaravathi, Pudukottai District.
2. The Inspector of Police, Panayapatti Police Station, Pudukottai 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 pertaining to the impugned order passed by the 2nd respondent, dated 06.06.2023 and quash the same and direct the 2nd respondent to grant permission and necessary protection to perform the cultural program ie., Adal Padal on 14.06.2023 at 7.00 pm to 10.00 pm in the evening of "Arulmigu Sri Madu Adaikalamatha Amman Kovil Thiruvizha 10th Mandagapadi" at Virachilai, Pudukottai District. 1/5
For Petitioner : Mr.J. Krishnakumar For Respondents : Mr. R. Suresh Kumar Government Advocate (Crl. Side)
O R D E R
This Writ Petition has been filed to call for the records pertaining to the impugned order passed by the 2nd respondent, dated 06.06.2023 and quash the same and direct the 2nd respondent to grant permission and necessary protection to perform the cultural program ie., Adal Padal on 14.06.2023 at 7.00 pm to 10.00 pm in the evening of "Arulmigu Sri Madu Adaikalamatha Amman Kovil Thiruvizha 10th Mandagapadi" at Virachilai, Pudukottai District.
2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) 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, "Arulmigu Sri Madu Adaikalamatha Amman Kovil Thiruvizha 10th Mandagapadi" at 2/5
Virachilai, Pudukottai District, is going to be held on 14.06.2023. Subsequent to the same, in order to conduct a cultural programme on 14.06.2023, 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. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that if the fresh representation is given to the second respondent, the same will be considered.
6. It is seen that only formal rejection has been made by the 2nd respondent in the rejecting the said representation and there is no proper reason has been mentioned in the rejection order. Hence, the petitioner is hereby directed to give a fresh representation to the second respondent, with an undertaking affidavit ensuring that no law and order problem is created, within a period of one week from the date of receipt of a copy of this order. Based upon the above said undertaking affidavit, the representation shall be disposed of imposing stringent conditions immediately following the order following the order of the Hon'ble 3/5
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 light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc. 007301/Genl.I (1)/2019 dated 09.04.2019.
7. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 06.06.2023 is hereby set aside.
12.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp To
1. The Superintendent of Police, Ponnamaravathi, Pudukottai District.
2. The Inspector of Police, Panayapatti Police Station, Pudukottai district.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
G.ILANGOVAN,J trp W.P(MD)No.13708 of 2023 and WMP(MD).No.11528 of 2023 Dated : 12.06.2023 5/5