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Madras High CourtWP(MD)/18711/2023disposed of

Chinnaiah v. The Deputy Superintendent Of Police

2023-08-03Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Chinnaiah ... Petitioner Vs 1.The Deputy Superintendent of Police, Sivagangai, 2.The Inspector of Police, Sivagangai Taluk Police Station,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for records pertaining to the impugned order passed second respondent in Na.Ka.No.29/CO/SVG/2023 dated 29.07.2023 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (i.e.) Adal Padal on 05.08.2023 at 07.00 pm to 10.00 pm in the evening of "Arulmigu Sri Poorvika Kaliamman Thirukovil Thiruvila" at Kandupatti, Therukuvalavu, For Petitioner : Mr.J.Krishna Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed seeking for a direction to grant permission and necessary protection to perform the cultural program (i.e.) Adal Padal on 05.08.2023 at 07.00 pm to 10.00 pm in "Arulmigu Sri Poorvika Kaliamman Thirukovil Thiruvila" situated at Kandupatti, Therukuvalavu,

2. It is submitted by learned counsel for the petitioner that since long time, the petitioner and others have been conducting the temple festival along with all the villagers in "Arulmigu Sri Poorvika Kaliamman Thirukovil Thiruvila" situated at Kandupatti, Therukuvalavu, Sivagangai District and this year also, they proposed to conduct a temple festival and Adal Padal Programme on 05.08.2023, for which, a representation has been given to the respondent Police on 28.07.2023. However, the said representation stated to have been rejected by the respondent Police on the ground that there may likely to arise law and order problem and communal clashes. Now, the petitioner has filed the documents to show that preparations have already been done for conducting of the programme.

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3. Even according to learned Government Advocate (Criminal Side), no untoward incident has taken place, when they have conducted last year. It is also submitted that if undertaking is given by the petitioner, the respondent Police would consider granting the permission. Therefore, the petitioner is directed to file fresh application before the respondent Police, on which, the respondent Police are directed to consider the same and grant permission as sought for by imposing usual conditions after getting an undertaking executed by fulfilling the guidelines issued vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.

4. With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 03.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg Note : Issue Order Copy by 03.08.2023 3/4

DR.D.NAGARJUN, J.

tsg To 1.The Deputy Superintendent of Police, Sivagangai, 2.The Inspector of Police, Sivagangai Taluk Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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