Balakrishnan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.07.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.16049 of 2023 Balakrishnan ... Petitioner Vs.
1.The Superintendent of Police, O/o.Superintendent of Police, Dindigul District.
2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Vedachandur Sub-Division, Dindigul District.
3.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.
... Respondents PRAYER : Writ Petition 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 third respondent in C.No. 102/H1PS/2023, dated 23.06.2023 and quash the same as unconstitutional and direct the respondents 2 and 3 to give the permission and protection for conducting Aadal Paadal cultural 1/6
programme on 10.07.2023 at about 06.00 p.m., to 11 p.m., at Sri Kaliyamman and Sri Baghavathiyamman and Sri Muthalamman temple, Thennampatti village, Vedachandur Taluk, Dindigul District. For Petitioner : Mr.D.Balamuruga Pandi For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
O R D E R
This petition is filed seeking for a direction to call for the records pertaining to the impugned order passed by the third respondent in C.No.102/H1PS/2023, dated 23.06.2023 and quash the same as unconstitutional and direct the respondents 2 and 3 to give the permission and protection for conducting Aadal Paadal cultural programme on 10.07.2023 at about 06.00 p.m., to 11 p.m., at Sri Kaliyamman and Sri Baghavathiyamman and Sri Muthalamman temple, Thennampatti village, Vedachandur Taluk, Dindigul District.
2. It is submitted by the learned counsel for the petitioner that the petitioner has filed an application before the respondent Police seeking permission for conducting the Aadal Padal programme on 2/6
10.07.2023 at Sri Kaliyamman and Sri Baghavathiyamman and Sri Muthalamman temple, Thennampatti village, Vedachandur Taluk, Dindigul District. The said request was rejected vide impugned proceedings in C.No.102/H1PS/2023, dated 23.06.2023. It is submitted by the learned counsel for the petitioner that the petitioner will give an undertaking that they will conduct a programme peacefully without any hindrance to peace in the society and also requested the Court to pass directions by imposing conditions, if any.
3. Learned Additional Public Prosecutor on other hand submits that the respondent Police have no objection to grant of permission to conduct programme, subject to the guidelines issued vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.
4. Considering the same, the petitioner is directed to approach the police with fresh petition, on which, the respondent police are directed to consider the same, subject to law and order problems and keeping in view of the fact that permission was earlier rejected and if conducive grant permission to conduct the Adal Padal Programme on 10.07.2023 between 07.00 p.m. to 10.00 p.m. as per the guidelines of the 3/6
police vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.
5. This Writ Petition therefore is disposed of. No costs. Since it is reported that the programme is scheduled on 10.07.2023, learned Additional Public Prosecutor undertakes to give instructions to the concerned police orally about the directions of this Court to extend the permission as directed.
07.07.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No Note: Issue order copy on 07.07.2023 ssb 4/6
To 1.The Superintendent of Police, O/o.Superintendent of Police, Dindigul District.
2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Vedachandur Sub-Division, Dindigul District.
3.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN,J ssb W.P.(MD)No.16049 of 2023 Dated:07.07.2023 6/6