Kumaresan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Kumaresan ... Petitioner Vs 1.The Deputy Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records related to the proceeding issued by the second respondent in Na.Ka. 64/Ka.Ai/Ali/Theni/2023, dated 01.07.2023 and quash the same and consequently direct the respondent to give permission and protection for conducting Aadal Padal programme on 06.07.2023 at 06.00 p.m., to 11.00 p.m., in "Arulmigu Sri Kaliyamman Kovil Aani Peruvila. For Petitioner : Mr.V.Chandrapandi For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 1/4

O R D E R

This petition is filed seeking for a direction to the police to permit the petitioner to conduct Aadal Padal programme on 06.07.2023 at Arulmigu Sri Kaliyamman Kovil Aani Peruvila.

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 06.07.2023 at Arulmigu Sri Kaliyamman Kovil Aani Peruvila. The said request was rejected vide impugned proceedings in Na.Ka.64/Ka.Ai/Ali/Theni/2023, dated 01.07.2023. 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 Government Advocate (Criminal Side) 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.

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4. Considering the same, the petitioner is directed to approach the police with fresh petition within one week from the date of receipt of a copy of this order, 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 as per the guidelines of the police vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.

5. This Writ Petition therefore is closed. No costs. Since it is reported that the programme is scheduled today, learned Government Advocate (Criminal Side) undertakes to give instructions to the concerned police orally about the directions of this Court to extend the permission as directed. 06.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Deputy Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

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DR.D.NAGARJUN, J.

tsg 06.07.2023 4/4