Muthu.P v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.18417 of 2023 P.Muthu ... Petitioner Vs.

1.The Deputy Superintendent of Police, Nanguneri Sub Division, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Vijayanarayan Police Station, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned rejection order passed by the first respondent in proceedings in Na.Ka.No.68/Ka.Tho.Ka./Nanguneri/2023 dated 25.07.2023 and quash the same and consequently, direct the respondents to permit the petitioner to conduct "Adal Padal" program scheduled to be held on 01.08.2023 in connection with Alagiya Mannar Rajagopal Swamy Temple, in North Vijayanarayanam Village, Tirunelveli District. 1/5

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

This Writ Petition is filed seeking for a direction to the respondents Police to permit the petitioner to conduct Adal Padal programme in Alagiya Mannar Rajagopal Swamy Temple, in North Vijayanarayanam Village, Tirunelveli District, on 01.08.2023.

2. It is submitted by the learned counsel appearing for the petitioner that every year, the villagers have been conducting Adal Padal programme in Alagiya Mannar Rajagopal Swamy Temple and this year also, a representation has been made to the respondents Police on 22.07.2023 for conducting Adal Padal programme, however, the same was declined citing the following reasons:- 1.If any other reason, mention specifically previous year FIR only.

2. Already case registered during the previous years. 2/5

3. It is submitted by the learned counsel appearing for the petitioner that in the last year when the permission was declined similarly, he has approached this Court and filed a writ petition in W.P(MD).No.17264 of 2022 and the same was ordered on 03.08.2022. Accordingly, the programme was conducted.

4. The learned Government Advocate (criminal side) appearing for the respondents Police submits that in the year 2018, two criminal cases were registered against the petitioner for conducting the programme beyond the time scheduled fixed by them, and submits fairly that in case the petitioner is intending to conduct the programme within the scheduled time as per the guidelines fixed by the Police, he has no objection for conducting the programme.

6. Considering the circumstances, this Writ Petition is disposed of directing the petitioner to file a fresh application before the respondents Police, on which, the respondents Police are directed to consider the same in the light of the directions given by this Court in W.P(MD).No.17264 of 2022 on 03.08.2022 and verify the fact that any 3/5

untoward incident is happened when the programme was conducted in the last year and pass appropriate orders without any delay as the programme is scheduled to be held on 01.08.2023. There shall be no order as to costs.

31.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note: Issue order copy on 31.07.2023 ssb To 1.The Deputy Superintendent of Police, Nanguneri Sub Division, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Vijayanarayan Police Station, Tirunelveli District.

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

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DR.D.NAGARJUN,J ssb W.P.(MD)No.18417 of 2023 Dated:31.07.2023 5/5