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Madras High CourtWP(MD)/20679/2024disposed of

Perumal v. The Superintendent Of Police

2024-08-30Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20679 of 2024 Perumal

...Petitioner

Vs.

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

2.The Revenue Divisional Officer, Uthamapalayam Taluk Office, Uthamapalayam Taluk, 3.The Inspector of Police, Cumbum North Police Station, 4.The Inspector of Police, Cumbum South Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant appropriate permission and adequate police 1/6

protection for celebrating Vinayagar Chathurthi Festival by the petitioner's organization in petitioner's Town on 07.09.2024 and to grant permission to conduct the procession on 08.09.2024 at about 03.00 p.m. for immersing the Lord Vinayagar idol based on the petitioner's representation dated 05.08.2024 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthick for Mr.A.Gowthaman For R1, R3 & R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : Mr.M.Muthumanikkam Government Advocate (Civil Side)

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the respondents to grant appropriate permission and adequate police protection for celebrating Vinayagar Chathurthi Festival by the writ petitioner's organization in writ petitioner's Town on 07.09.2024 and to grant permission to conduct the procession on 08.09.2024 at about 03.00 p.m. for immersing the Lord Vinayagar idol based on the writ petitioner's representation dated 05.08.2024 within the time limit that may be stipulated by this Court. 2/6

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1, 3 and 4 and Mr.M.Muthumanikkam, learned Government Advocate (Civil Side) takes notice for the second respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has sent a representation dated 05.08.2024 to the respondents seeking permission to conduct Vinayagar Chathurthi festival and to conduct procession but no order has been passed till now and hence, the writ petitioner was constrained to approach this Court.

4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner himself has given a procession route and it is only for the concerned authorities to decide about the route and time by taking note of the law and order issues and other attending circumstances.

5. At this juncture, the learned counsel appearing for the writ 3/6

petitioner would submit that they will take the route as suggested by the respondent police.

6. Considering the above, the concerned respondent police is directed to consider the writ petitioner's representation dated 05.08.2024 and take a decision within a period of two days from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

30.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy on 03.09.2024 To 1.The Superintendent of Police, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam Taluk Office, Uthamapalayam Taluk, 4/6

3.The Inspector of Police, Cumbum North Police Station, 4.The Inspector of Police, Cumbum South Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.20679 of 2024 Dated : 30.08.2024 6/6