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Madras High CourtWP(MD)/14517/2023disposed of

Ravikumar .K v. The Deputy Superintendent Of Police

2023-06-20Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.14517 of 2023 and W.M.P(MD) No.12311 of 2023 Ravikumar.K ... Petitioner Vs.

1. The Deputy Superintendent of Police, Karur District.

2. The Inspector of Police, Aravakurichi Police Station, Karur 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 order in Na.No.16/ A.Va.Aa.A/ Karur/2023 dated 17.06.2023 and quash the same and direct the 2nd Respondent to grant permission and necessary protection to perform the cultural program (ie.,) Adal Padal on 21.06.2023 at 07.00 PM to 10.00 PM in the evening of Aani Thiruvizha at Sri Vinayagar, Kannimar Karuppanasamy Thirukovil, Modakkur Village, Keelpakkam, Meenakshi Valasu Post, Karur District. 1/6

For Petitioner : Mr. Krishnakumar.J For Respodents : 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 order in Na.No.16/ A.Va.Aa.A/ Karur/2023 dated 17.06.2023 and quash the same and direct the 2nd Respondent to grant permission and necessary protection to perform the cultural program (ie.,) Adal Padal on 21.06.2023 at 07.00 PM to 10.00 PM in the evening of Aani Thiruvizha at Sri Vinayagar, Kannimar Karuppanasamy Thirukovil, Modakkur Village, Keelpakkam, Meenakshi Valasu Post, Karur District.

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, " Sri Vinayagar, Kannimar Karuppanasamy Thirukovil, Modakkur Village, Keelpakkam, Meenakshi Valasu Post, Karur District", is going to be held on 21.06.2023. Subsequent to the same, in order to conduct a cultural programme on 21.06.2023, 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 a communal clash between two groups of people near by village, the representation that was made by the petitioner to conduct the cultural event was rejected by the first respondent herein by the order dated 17.06.2023.

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 Officer from the second Respondent's office is present before this Court and stated that even though there is some sort of rival issue in the near by village, this village is concerned, no issue has been reported.

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 17.06.2023 is hereby set aside. Consequently, connected Miscellaneous Petition is closed.

20.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

1. The Deputy Superintendent of Police, Karur District.

2. The Inspector of Police, Aravakurichi Police Station, Karur 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 : 20.06.2023 6/6