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Madras High CourtWP(MD)/17168/2023disposed of

Murugan.S v. The Inspector Of Police

2023-07-18Honourable Dr. Justice D.Nagarjun6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD) No.14361 of 2023 S.Murugan ... Petitioner /vs./ 1.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

2.The Sub Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent dated Nil passed by the 2nd respondent in connection with Cultural Programme in the event of Arulmigu Muthukuli Mariamman and Sree Kalikambal Temple to be held on 23.07.2023, 25.07.2023, 27.07.2023, 29.07.2023 and 31.07.2023 and quash the same and consecutively directing the respondents to 1/6

grant permission and police protection to conduct Cultural Programme in the event of Arulmigu Muthukuli Mariamman and Sree Kalikambal Temple to be held on 23.07.2023, 25.07.2023, 27.07.2023, 29.07.2023 and 31.07.2023 at Peraiyur Village, Madurai District.

For Petitioner : Mr.S.Venkatasubramaniyan For Respondents : Mr.SS.Madhavan Government Advocate (Crl.side)

ORDER

This petition is filed seeking for a direction to the respondent police to grant permission and adequate police protection for conducting cultural programme (Aadal Paadal) in the event of Arulmigu Muthukuli Mariamman and Sree Kalikambal Temple to be held on 23.07.2023, 25.07.2023, 27.07.2023, 29.07.2023 and 31.07.2023 at Peraiyur Village, Madurai District. 2.It is submitted by the learned counsel for the petitioner that every year, the petitioner has been conducting the Aadal Paadal programme in Arulmigu Muthukuli Mariamman and Sree Kalikambal Temple. On account of the COVID-19 pandemic, the conduct of the programme could not be taken up and subsequent to the COVID-19 pandemic, on account of various reasons, the 2/6

programme has not been conducted. Now, the petitioner wanted to conduct the said programme, as it was being conducted earlier. 3.It is submitted by the learned Government Advocate (Crl.side) that the police, after receiving the representation of the petitioner dated 04.07.2023, have ultimately refused to grant the permission to conduct the Aadal Paadal programme on 23.07.2023, 25.07.2023, 27.07.2023, 29.07.2023 and 31.07.2023. The petitioner has filed a copy of the order, in which the police have refused to grant the permission on the ground that there is no enough space to hold the cultural programme.

4.The learned counsel for the petitioner has submitted that in the place, where the petitioner intended to conduct the programme, there is huge ground available and the place, where the programme is intended to be conducted, is also situated near the temple, which has sufficient to gather about 1000 persons. 5.The learned Government Advocate (Crl.side) has submitted that about 3000 persons are likely to attend the said programme and the petitioner wanted to 3/6

conduct the programme on five alternative dates, thereby it is very difficult for the police to maintain the law and order.

6.Considering the circumstances, the respondent police are directed to permit the petitioner to conduct the programme on 23.07.2023, 27.07.2023 and 31.03.2023 alone between 07.00 pm., and 10.00 pm., only by imposing conditions as per the directions issued in Rc.007301/Genl.(1)/2019 dated 09.04.2019. It is needless to state that in case, if the petitioner violates any of the terms imposed in the said circular or by this Court, the police are at liberty to initiate action against the petitioner as well as the organizers of the said function. The petitioner is directed to file fresh representation, on which the respondent police are directed to accord permission as observed above.

7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 18.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 4/6

Note : Issue Order copy on 20.07.2023 To 1.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

2.The Sub Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

DR.D.NAGARJUN, J.

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