Duraipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Duraipandi ... Petitioner Vs 1.The Inspector of Police, Melur Police Station, Madurai.

2.The Sub Inspector of Police, Melavalavu Police Station, Melur, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned rejection order passed by the first respondent in proceedings in Na.Ka.No.53/2023, dated 04.08.2023 and quash the same and consequently direct the respondents to permit the petitioner to conduct "Adalpadal" program scheduled to be held on 21.08.2023 in connection with Maha Kumbabiseham of Arulmigu Sri Veerakaliyamman Sreevaal Muniyandi Thirukoil, situated at V.S.Nagaram, Manthipichanpatti, Melavalavu, Madurai. For Petitioner : Ms.R.Vennila For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking to quash the proceedings of the first respondent in proceedings in Na.Ka.No.53/2023, dated 04.08.2023.

2. According to learned counsel for the petitioner, the villagers have conducted Maha Kumbabiseham in Arulmigu Sri Veerakaliyamman Sreevaal Muniyandi Thirukoil every year and this year also, the Village Committee has decided to conduct the festival and Mahakumbabiseham on 20.08.2023 and during the course of the said festival, they also scheduled to conduct the Adalpadal programme on 21.08.2023 and accordingly, a representation was given to the respondent Police seeking permission, but, the same was declined with unreasonable grounds.

3. Learned Government Advocate (Criminal Side) on the other hand submits that in the year 2018, a case was registered against the petitioner during the temple festival in Crime No.172 of 2018 under Section 302 of I.P.C. in the limits of Kottampatti Police Station, which is close to the place where the petitioner intends to perform the festival. Learned Government Advocate (Criminal Side) fairly considered that, in case, if the petitioner files fresh application for conducting of Adal Padal programme, the respondent Police would consider and grant permission by imposing suitable conditions. 2/4

4. Accordingly, this Writ Petition stands disposed of, directing the petitioner to file fresh application before the respondent Police, on which, the respondent Police are directed to provide police protection and of course permission as sought for by imposing conditions as per the guidelines of the Police vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019. No costs.

18.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Inspector of Police, Melur Police Station, Madurai.

2.The Sub Inspector of Police, Melavalavu Police Station, Melur, Madurai.

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

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DR.D.NAGARJUN, J.

tsg 18.08.2023 4/4