Madras High CourtWP(MD)/15930/2023disposed of

Kumar v. The Superintendent Of Police

2023-06-30Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30/06/2023

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN WP(MD)No.15930 of 2023 Kumar : Petitioner Vs.

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

2.The Inspector of Police, Nadukaveri Police Station, Thanjavur.

3.The Sub Inspector of Police, Nadukaveri Police Station, Thanjavur. : Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent vide his proceedings in e.f.vz;.

06/e.fh.ep/2023> dated 23/06/2023 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the "Innisai Kacheri" followed by "Adal Padal" dance programme on 01/07/2023 and 02/07/2023 in pursuance to "Thiruvizha" at Sri Maha Ganapathy, Sri Vadapathira Kaaliamman Aalayam situated at Mela Street,

Thiruchotruthurai, Thiruvaiyaru, Thanjavur District and pass such any or other orders.

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This writ petition is filed seeking quashment of the impugned order passed by the 3rd respondent, vide his proceedings in e.f.vz;.06/e.fh.ep/2023> dated 23/06/2023 and direct the respondents to grant permission and necessary protection to conduct the "Innisai Kacheri" followed by "Adal Padal" dance programme, on 01/07/2023 and 02/07/2023 in pursuance to "Thiruvizha" at Sri Maha Ganapathy, Sri Vadapathira Kaaliamman Aalayam situated at Mela Street, Thiruchotruthurai, Thiruvaiyaru, Thanjavur District.

2.Heard both sides.

3.The learned Additional Public Prosecutor would submit that the rejection order reads the filing of the FIR in the year 2017. But after 2017, there is no such occurrence in the village. According to him, if any fresh

representation is made by the petitioner, that will be considered by following judgment of the Hon'ble Division Bench of this Court in the case of C.Sathasivam Vs. The Superintendent of Police,Trichy District and another, in WP(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.Let fresh representation be given by the petitioner immediately to the concerned authorities. 5.With the above said liberty, this writ petition stands disposed of. No costs.

30/06/2023 Index:Yes/No Internet:Yes/No er

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

2.The Inspector of Police, Nadukaveri Police Station, Thanjavur.

3.The Sub Inspector of Police, Nadukaveri Police Station, Thanjavur.

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

G.ILANGOVAN, J

er WP(MD)No.15930 of 2023 30/06/2023