Madras High CourtWP(MD)/15997/2020disposed of

Kannan v. The Superintendent Of Police

2020-12-11Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD)No.15997 of 2020 and W.M.P(MD)No.13405 of 2020 Kannan .. Petitioner Vs.

1.The Superintendent of Police Madurai District, Madurai.

2.The Inspector of Police Peraiyur Police Station, Peraiyur, Madurai District.

3.The Sub-Inspector of Police Peraiyur Police Station, Peraiyur, Madurai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings No.C.No.04/F1 PS/2020, dated 02.11.2020 and quash the same and consequently to direct the respondents to grant police permission to conduct the programme namely, Kuravan Kurathi Attam, on 10.11.2020, Palsuvai Nigaltchi to be held on 11.11.2020 and Aadal Padal to be held on 12.11.2020 in Arulmighu Sri Mariyamman and Arulmighu Sri Kaliyamman Thirukovil Festival at S.Melappatti Village, Peraiyur Taluk, Madurai District. For Petitioner : Mr.S.Sadeskumar For Respondents : Mr.R.Srinivasan Government Advocate

ORDER

The writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the third respondent in his proceedings No.C.No.04/F1 PS/2020, dated 02.11.2020 and consequently to direct the respondents to grant police permission to conduct the programme namely, Kuravan Kurathi Attam,on 10.11.2020, Palsuvai Nigaltchi to be held on 11.11.2020 and Aadal Padal to be held on 12.11.2020 in Arulmighu Sri Mariyamman and Arulmighu Sri Kaliyamman Thirukovil Festival at S.Melappatti Village, Peraiyur Taluk, Madurai District.

2.The case of the petitioner is that the Pongal festival for this year was on 10.11.2020 to 13.11.2020 and the petitioner has 1/3

decided to conduct cultural programmes. Hence, they approached the second respondent on 24.10.2020 through proper channel and gave representation and the same was rejected by passing the impugned order. Without any notice to the petitioner, the third respondent has passed the present impugned order, dated 02.11.2020 on the petitioner's representation dated 24.10.2020. Hence, aggrieved by the same, the petitioner is before this Court. 3.The learned counsel for the petitioner would submit that though the prayer in writ petition has become infructuous, now the Government has passed G.O.No.673, Revenue and Disaster Management, dated 30.11.2020 giving certain relaxation and therefore, would pray that the petitioner's representation be considered for a future date in the light of the above G.O.

4.The learned Government Advocate appearing for the respondents, on instructions, would submit that the prayer in this writ petition has become infructuous, as the date for conducting the function expired.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate.

6.Considering the facts and circumstances of the case, the petitioner is directed to make a fresh representation to the respondents forthwith and on receipt of the same, the respondents are directed to consider the representation of the petitioner, in the light of the G.O.No.673 of 2020 (Revenue and Disaster Management) dated 30.11.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. Such exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of accordingly. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Superintendent of Police Madurai District, Madurai.

2.The Inspector of Police Peraiyur Police Station, Peraiyur, Madurai District.

3.The Sub-Inspector of Police Peraiyur Police Station, Peraiyur, Madurai District.

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

W.P.(MD)No.15997 of 2020 11.12.2020 KUN(CO) KB(23.12.2020) 3P 5C 3/3