Sivaraman v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.14023 of 2023 Sivaraman ... Petitioner Vs.

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

2. The Inspector of Police, K. Pudhupatti Police Station, K.Pudhupatti, Pudukkottai 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 NIL and quash the same as illegal and violative of principles of natural justice and consequently direct the respondents to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 17.06.2023 at about 7.00 pm to 11.30 pm in connection with Aani Festival in the month of Aani in Arulmighu Sri Muthumariamman Temple at Nambooranipatti, K. Rayapuram Post, Keezhanilai Viz., Pudukkottai District, by consider the petitioner's representation dated 07.06.2023.

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For Petitioner : Mr. E.Balasubramanian For Respondents : Mr.R.Suresh Kumar Government Advocate(Crl.Side)

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 pertaining to the impugned order passed by the 2nd respondent dated NIL and quash the same as illegal and violative of principles of natural justice and consequently direct the respondents to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 17.06.2023 at about 7.00 pm to 11.30 pm in connection with Aani Festival in the month of Aani in Arulmighu Sri Muthumariamman Temple at Nambooranipatti, K. Rayapuram Post, Keezhanilai Viz., Pudukkottai District, by consider the petitioner's representation dated 07.06.2023..

2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents.

3.Heard both sides.

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4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmighu Sri Muthumariamman Temple at Nambooranipatti, K. Rayapuram Post, Keezhanilai Viz., Pudukkottai District", is going to be held on 17.06.2023. Subsequent to the same, in order to conduct a cultural programme on 17.06.2023, 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 citing some law and order issue in the similar event in the nearby area, the representation that was made by the petitioner has been rejected.

6. The learned Government Advocate (Crl.Side) 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 place for conducting cultural programme.

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7. The second respondent Police is present before this Court and state that no such previous occurrence took place in the village, when the similary event was conducted in the yester years.

8. 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 place.

9. The petitioner is hereby directed to give fresh representation to the second respondent by incorporating place 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 light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019, dated 09.04.2019. 4/6

10.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. 15.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

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

2. The Inspector of Police, K. Pudhupatti Police Station, K.Pudhupatti, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J Indu Order made in Dated : 15.06.2023 6/6