Madras High CourtWP(MD)/19800/2018disposed of

T.Raj, v. The Deputy Superintendent

2018-09-12Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.19800 of 2018 and W.M.P.(MD).No.17589 of 2018 T.Raj ... Petitioner -Vs1.The Deputy Superintendant of Police, Palani Range, Dindigul District.

2.The Inspector of Police, Keeranur Police Station, Dindigul District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the second respondent dated 11.09.2018 and quash the same and directing the respondents to grant permission for temporary installation of Vinayagar Idol on 13.09.2018 in front of Sri Kaliamman Koil, Keernaur, Palani Taluk, Dindigul District and take out procession on 16.09.2018.

For Petitioner : Mr.M.Karunanithi for M/s.Karthikeyavenkitachalyapathy For Respondents : Mr.B.Bhagawathi, Government Advocate.

ORDER

This petition has been filed challenging the order passed by the second respondent dated 11.09.2018 and quash the same and directing the respondents to grant permission for temporary installation of Vinayagar Idol on 13.09.2018 in front of Sri Kaliamman Koil, Keernaur, Palani Taluk, Dindigul District and take out procession on 16.09.2018.

2.Earlier, there was no such practice of installing Vinayagar Idol. Based on this sole ground, the present impugned order was passed by the second respondent. This cannot be a ground for denying such permission for the present year and the respondent should have taken into consideration the prevailing circumstances before passing the impugned order. Therefore the order passed by the second respondent is not sustainable.

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3.Taking into consideration the facts and circumstances of the case, the impugned order passed by the second respondent is hereby set aside. There shall be a direction to the second respondent to permit the petitioner to install the Vinayagar Idol on 13.09.2018 in front of Sri Kaliamman Koil, Keernaur, Palani Taluk, Dindigul District and take out procession on 16.09.2018.

4. It is made clear that the respondent police is at liberty to impose any conditions to ensure the peaceful conduct of the festival and the petitioner is bound to comply with the same. 5.Accordingly, the writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl side) /TRUE COPY/ Sub Assistant Registrar(CS-I) To 1.The Deputy Superintendant of Police, Palani Range, Dindigul District.

2.The Inspector of Police, Keeranur Police Station, Dindigul District.

+1.C.C. to M/S.Karthikeyavenkitachalyapathy, Advocate SR.No.83966 W.P(MD)No.19800 of 2018 12.09.2018 tsg ES/RP/SAR 1/12.09.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/