Kathirvel K v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Kathirvel ... Petitioner /vs./ 1.The Deputy Superintendent of Police, Sivagangai Sub-Division, 2.The Inspector of Police, Kalaiyarkovil Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.43/R1-PS/INS/SVG/2023, dated 13.08.2023 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal" programme on 25.08.2023 at 06.00 p.m., to 11.00 p.m., in connection with "Mulaipari Thiru Vizha" of Arulmigu Sri 1/5
Muthumariamman Thirukovil, Kilakku Vadakku Theru, Kalaiyarkovil, For Petitioner : Mr.KR.Bharathi Kannan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal side)
ORDER
This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent Police to permit the petitioner to conduct "Adal Padal" programme on 25.08.2023 at 06.00 p.m., to 11.00 p.m., in connection with "Mulaipari Thiru Vizha" of Arulmigu Sri Muthumariamman Thirukovil, Kilakku Vadakku Theru, Kalaiyarkovil, Sivagangai District.
2. According to the learned counsel for the petitioner that every year the petitioner's villagers have conduct the Adal Padal Programme in connection with "Mulaipari Thiru Vizha". Last year also they have conducted the programme in a peaceful manner without any untoward incidents. The programme scheduled to be held on 25.08.2023 by forming the temple committee. It is submitted by the learned counsel for the petitioner that the police have rejected the request of the 2/5
petitioner to grant the permission by way of proceedings dated 13.08.2023 and therefore, sought for suitable directions.
3.The learned Government Advocate (Crl.side) on the other hand submitted that on earlier occasion also there was no untoward incident and in case the petitioner come forward with fresh application, they will permit them to conduct the programme and to give necessary protection. 4.Considering the submissions made by the learned counsel on either side and also taking into consideration the fact that the petitioner stated to have been conducting the festival every year, the petitioner is directed to approach the respondent police and file a fresh application, on which, the respondent police are directed to grant the permission to conduct the Adal Padal programme on 25.08.2023 between 06.00 p.m., to 10.00 p.m., by taking precautionary measures subject to the guidelines issued vide proceedings in Rc.007301/Genl.I(1)/2019 dated 09.04.2019.
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5.With the above direction, this Petition is disposed of. No costs. Speaking : Yes / No 18.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No am Note: Issue order copy on 21.08.2023 To 1.The Deputy Superintendent of Police, Sivagangai Sub-Division, 2.The Inspector of Police, Kalaiyarkovil Police Station, 4/5
DR.D.NAGARJUN, J.
am 18.08.2023 5/5