Govindan .P v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.08.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN P.Govindhan ... Petitioner Vs.

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

2.The Inspector of Police, Ilayankudi Police Station, Sivagangai 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 on the file of the 2nd respondent in connection with the impugned order of rejection passed by him in Na.Ka.No.19/Ka.Aa.Elai/ Siva/2023 dated 30.07.2023 and quash the same as illegal and arbitrary and consequently directing the Respondents to grant permission and necessary protection to perform the Karakattam and cultural programme scheduled to be held on 01.08.2023 from 07.00 pm to 4.00 am with Public Adressing System (Radio south system) (i.e.) in the event of Mulaipari Festival at East Street Thiruvallur village Ilayankudi taluk Sivagangai District, basing on his representation dated 27.07.2023 submitted to the second 1/5

respondent in person.

For Petitioner : Mr.K.Ramar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

This Writ Petition is filed seeking for setting aside the order passed by the second respondent Police vide proceedings Na.Ka.No. 19/Ka.Aa.Elai/ Siva/2023 dated 30.07.2023, declining to permit the petitioner to perform Karakattam and Adal Padal cultural Programme on 01.08.2023 from 10.00 a.m., to 04.00 p.m., by using Public Addressing System in Mulaiparai Festival in Arulmighu Shri Mariamman Temple situated at Thiruvallur Village, Ilayankudi Taluk, Sivagangai District.

2. This petition is filed today and being taken up at lunch motion on the request made by the petitioner on the ground that Adal Padal programme is going to be conducted today. According to the learned counsel appearing for the petitioner, every year, the villagers have been conducting programme and this year also, they have decided to conduct programme today, thereby, sought for directions to the respondents 2/5

Police suitably to accord the permission by setting aside the rejection order passed by the second respondent Police.

3. The learned Additional Public Prosecutor appearing for the official respondents Police submitted that the respondents Police have no objection with regard to conducting of temple festival and some other programme by the petitioner, however, declined to grant permission in respect of Adal Padal programme on the ground that if permission is granted, law and order problem may likely arise. It is also submitted that one of the political leaders has been conducting a procession and thereby, more than 1000 police personnel are deployed in bandobust in respect of the said programme and thereby, there is no sufficient police force to provide protection to this programme.

4. Considering the circumstances explained by the learned Government Advocate appearing for the official respondents, this Court is of the opinion that the respondents Police have rightly declined the permission and therefore, the order passed by the second respondent Police cannot be set aside.

3/5

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

01.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

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

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

4/5

DR.D.NAGARJUN,J ssb Dated:01.08.2023 5/5