Karthikkannan.P v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR P.Karthikkannan ... Petitioner Vs.
1. The Superintendent of Police, Madurai District.
Madurai.
2.The Inspector of Police, F.1 Police Station, Peraiyur, Madurai 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 in pursuant to the impugned order in Na.Ka.No. 17/Peraiyur PS/2023, dated 14.06.2023 passed by the 2nd respondent and the same as illegal and consequently, directing the respondent to grant permission and provide police protection to conduct the Adalum Padalum dance programme on 17.06.2023, 18.06.2023 and 19.06.2023 from 7.00pm to 11.00 pm in pursuant the temple festival namely "Vaikasi" festival at "Arulmighu Manthaiamman" temple situated at Peraiyur, Madurai District on the basis of the petitioner's representation, dated 1/6
29.05.2023.
For Petitioner : Mr. J.Karmega kannan 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 in pursuant to the impugned order in Na.Ka.No.17/Peraiyur PS/2023, dated 14.06.2023 passed by the 2nd respondent and consequently, direct the respondent to grant permission and provide police protection to conduct the Adalum Padalum dance programme on 17.06.2023, 18.06.2023 and 19.06.2023 from 7.00 pm to 11.00 pm in pursuant the temple festival namely "Vaikasi" festival at "Arulmighu Manthaiamman" temple situated at Peraiyur, Madurai District on the basis of the petitioner's representation, dated 29.05.2023.
2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents. 3.Heard both sides.
2/6
4. The learned counsel appearing for the writ petitioner submitted that earlier permission was granted to earlier conduct the programme, but, subsequently, their request was rejected by the 2nd respondent. Challenging the same, the writ petitioner has come before this Court for the above said relief.
5. The learned Government Advocate (Crl. Side) would submit that the petitioner may given a fresh reprersentation restricting the time and alternative place and date and that the same will be considered by the 2nd respondent.
6. Considering the submission made by the learned Government Advocate (Crl. Side), the petitioner is directed to give a fresh representation before the second respondent by altering the date, place and time, 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 of the Hon'ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The 3/6
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 14.06.2023 vide his proceeding in Na.Ka.No.17/Peraiyur PS/2023, is hereby set aside.
16.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp 4/6
To 1.The Superintendent of Police, Madurai District.
Madurai.
2.The Inspector of Police, F.1 Police Station, Peraiyur, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
K.MURALI SHANKAR, J., trp Dated : 16.06.2023 6/6