Veerakumar.P v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Veerakumar ... Petitioner Vs 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai 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 pertaining to the impugned order passed by the second respondent through his proceedings in Na.Ka.No.33/R1-PS/INS/SVG/2023 dated 18.07.2023 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal" Village Cultural Programme on 05.08.2023 at 07.00 p.m., to 10.00 p.m., in connection with "Thiru Vizha" of Arulmigu Sri Dharma Munishwaran Thirukovil at Mettupatti, Kalaiyarkovil Taluk, Sivagangai District.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 1/5

O R D E R

This writ petition is filed seeking for quashment of the order passed by the second respondent police, dated 18.07.2023 vide proceedings in Na.Ka.No.33/R1-PS/INS/SVG/2023 declining the request of the petitioner to conduct Adal Padal cultural programme on 05.08.2023 between 07.00 pm to 10.00 pm in connection with "Thiru Vizha" of Arulmigu Sri Dharma Munishwaran Thirukovil at Mettupatti, Kalaiyarkovil Taluk, Sivagangai District.

2. It is submitted by the learned counsel for the petitioner that the petitioner's villagers has conducted the Adal Padal programme previous to COVID-19. This year, the villagers have decided to conduct the programme and therefore, they approached the respondent police to grant permission to conduct the Adal Padal programme.

3. The learned Government Advocate (Crl.side) appearing for the respondents submitted that the respondent police have granted permission for festival and Annadhanam, however, declined to give permission for conducting the dance programme on the ground that there are rival groups, the police likely to have the law and order problem.

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4. Since the law and order problem has been suspected by the police, the proceedings issued by the second respondent on 18.07.2023 rejecting to grant permission for Adal Padal, cannot be quashed.

5. It is submitted by the learned counsel for the petitioner that the petitioner and the rival groups are ready to approach the respondent police jointly and give an undertaking that they all the groups in the village are ready to abide by all the conditions to be imposed by the respondent police.

6. In view of the above, this writ petition is disposed of directing the petitioner to approach the respondent police along with rival groups and file an application. On filing of such application, the respondent police are directed to examine thoroughly in respect of law and order issue and if the condition is imposed and is conducive, consider representation by following the procedure. No costs.

01.08.2023 NCC:yes/no Index:yes/no Internet:yes/no am Note: Issue order copy on 03.08.2023 3/5

To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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DR.D.NAGARJUN, J.

am 01.08.2023 5/5