Annaperumal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Annaperumal ... Petitioner /vs./ 1.The Superintendent of Police, Tirunelveli, 2.The Deputy Superintendent of Police, Nanguneri, 3.The Inspector of Police, Nanguneri Police Station, 4.The Sub Inspector of Police, Moolakaraipatti Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to 1/6

the proceedings of impugned order dated 12.07.2023 of the 2nd respondent in respect of Aadal Padal programme going to held on 25.07.2023 at 8.00 pm to 11.00 pm in pursuance to the temple festival namely Arulmigu Sri Perumalswamy Mutharamman Temple at Theivanayagaperi and quash the same and further directing respondents to grant protection and permission to conduct the Aadal Padal programme on 25.07.2023 at 8.00 pm to 11.00 pm in pursuance to the temple festival namely Arulmigu Sri Perumalswamy Mutharamman Temple at Theivanayagaperi, Tirunelveli District.

For Petitioner : Mr.C.Susikumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This petition is filed seeking for a direction to the respondent police to grant permission and protection to conduct the Aadal Padal programme on 25.07.2023 from 8.00 pm to 11.00 pm in connection with the temple festival of Arulmigu Sri Perumalswamy Mutharamman Temple at Theivanayagaperi, Tirunelveli District by setting aside the impugned order of the respondent No.2 police dated 12.07.2023 bearing Na.Ka.No.62/Kaa.Tho.Ka./Nanguneri/2023. 2.It is submitted by the learned counsel for the petitioner that every year the villagers have been conducting the Aadal Padal programme without any issues 2/6

and there is no complaint on breach of law and order problem during the conducting of the Aadal Padal programme. It is also submitted that last year also, when the police have rejected to grant the permission, the villagers stated to have approached this Court vide W.P.(MD) No.15546 of 2022, which was came to be disposed of on 18.07.2022 directing the police to grant the permission and accordingly, permission was granted. It is also submitted that no untoward incident has taken place, when the Aadal Padal programme was conducted last year.

3.The learned Government Advocate (Crl.side) on the other hand submits that the police will provide permission to conduct Aadal Padal programme by imposing suitable conditions.

4.Considering the submissions made by the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side), this Writ Petition is disposed of directing the respondent police to grant permission to the petitioner to conduct the Aadal Padal programme on 25.07.2023 from 07.00 p.m., to 10.00 p.m., in connection with the temple festivaal of Arulmigu Sri 3/6

Perumalswamy Mutharamman Temple at Theivanayagaperi, Tirunelveli District subject to the guidelines issued vide proceedings in Rc.007301/Genl.I(1)/2019 dated 09.04.2019. The impugned order of the respondent No.2 police dated 12.07.2023 bearing Na.Ka.No.62/Kaa.Tho.Ka./Nanguneri/2023 is hereby set aside. However, there shall be no order as to costs. Speaking : Yes / No 20.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note : Issue order copy on 24.07.2023 To 1.The Superintendent of Police, Tirunelveli, 2.The Deputy Superintendent of Police, Nanguneri, 3.The Inspector of Police, Nanguneri Police Station, 4/6

4.The Sub Inspector of Police, Moolakaraipatti Police Station, 5/6

DR.D.NAGARJUN, J.

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