Seetharaman v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Seetharaman ... Petitioner Vs 1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

4.Rajendran 5.Karthikeyan 6.Dineshkumar 7.Sathish

...Respondents

(R-4 to R-7 are impleaded vide Court order dated 17/08/2023 in W.M.P. (MD).No.16561 of 2023 in W.P.(MD).No.19673 of 2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant permission and police protection conducting the Temple festival in Sri Sanjeeviraya Perumal, Sri Vedachi Amman situated at Soorampatti Village, Musiri Taluk, Trichy District, scheduled to be held on 21.08.2023 to 24.08.2023 under the supervision, on the basis of the representation of the petitioner dated 24.07.2023.

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For Petitioner : Mr.A.Joel Paul Antony For R-1 to R-3 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction by way of Mandamus to the respondent Police for a direction to issue permission to the petitioner for conducting of Temple festival in Sri Sanjeeviraya Perumal, Sri Vedachi Amman situated at Soorampatti Village, Musiri Taluk, Trichy District, which is scheduled to be held from 21.08.2023 to 24.08.2023, as per the representation of the petitioner, dated 24.07.2023.

2. Learned Government Advocate (Criminal Side) submitted that the representation of the petitioner dated 24.07.2023 was considered and rejected by the Police on 13.08.2023 as there are rival groups in the village, serious objections are being raised by the rival groups to conduct the festival and that if the permission is granted, there will likelihood of law and order problem and that after assessing the situation, the Police have taken a decision to reject the request.

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3. Learned counsel for the petitioner submits that the petitioner, unofficial respondents 4 to 7 and the rival parties are intending to perform the festival jointly.

4. Considering the circumstances, this Writ Petition is disposed of, directing the petitioner to approach the respondent Police afresh along with the rival parties including the proposed parties and in case, if all the parties and groups concerned in the Village appear before the respondent Police and give undertaking that they will perform the festival fairly and if the respondent Police feels that the situation is conducive, the respondent Police are directed to consider the representation afresh for grant of permission and protection for conducting the festival. No costs.

21.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN, J.

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