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Madras High CourtWP(MD)/20846/2021allowed

Selvaraj.V v. The Superintendent Of Police

2021-11-23Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)NO. 20846 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20846 of 2021 V.Selvaraj ... Petitioner Vs.

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

2. The Sub Inspector of Police, Sernthamaram police station, Tenkasi District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the second respondent in Na.Ka.No.42/P5PS/2021 dated 11.11.2021 and consequently direct the respondents to grant permission to the petitioner to conduct and celebrate the church festival from 26.11.2021 to 05.12.2021 at Holy Francis Xaviour Church, in Kovilaandaanur, Tenkasi District as per the schedule shown in the invitation.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner wants to conduct the petition mentioned event. It is asserted by the petitioner's counsel that there is no communal angle to the issue. The petitioner's request was rejected by citing the prohibitory orders.

3. I can take judicial notice of the fact that even though the pandemic is yet to go, normalcy has substantially returned. Therefore, the petitioner cannot be denied the permission to celebrate the event in question.

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W.P.(MD)NO. 20846 OF 2021

4. The jurisdictional Deputy Superintendent of Police is directed to grant permission to the petitioner herein. It is of course open to the said authority to stipulate appropriate conditions to ensure the smooth conduct of the petition mentioned event. The petitioner through his counsel gives an undertaking that the organisers of the event will adhere to the police advisory.

5. The order impugned in this writ petition is quashed. This writ petition is allowed. No costs.

Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

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

2. The Deputy Superintendent of Police, Tenkasi.

3. The Sub Inspector of Police, Sernthamaram police station, Tenkasi District.

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

+1 CC to M/s.C.M. ARUMUGAM, Advocate ( SR-35554[F] dated 23/11/2021 ) W.P.(MD)No.20846 of 2021 23.11.2021 GC/SKN(23.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2