Dinesh Kumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20962 of 2024 Dinesh Kumar
...Petitioner
Vs.
1.The Superintendent of Police, Madurai, Madurai District.
2.The Deputy Superintendent of Police, Usilampatti, Madurai District.
3.The Inspector of Police, Elumalai Police Station, Elumalai, Madurai District.
4.The Sub Inspector of Police, T.Ramanathapuram Police Station, Madurai District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to 1/5
call for the records of impugned order passed by the third respondent in Na.Ka.No.70/Ka.Aa.va/Elumalai Vattam/2024 dated 27.08.2024 and quash the same as illegal and arbitrary and also direction to the respondents to grant permission and accord protection for procession of Vinayagar Chathurthi on 08.09.2024 at Elumalai Town, Madurai District. For Petitioner : Mr.K.Vinokharan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition is directed against the rejection order dated 27.08.2024 passed by the third respondent and for direction to the respondents to grant permission and accord protection for procession of Vinayagar Chathurthi on 08.09.2024 at Elumalai Town, Madurai District.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. When the matter is taken up for hearing today, the learned 2/5
Additional Public Prosecutor appearing for the respondents would submit that since there are two rival groups and in the festival conducted last year due to violation of conditions imposed by the concerned police, a case and case in counter came to be registered in Crime Nos.196 and 197 of 2023, the third respondent has rejected the writ petitioner's request to grant permission and accord protection for procession of Vinayagar Chathurthi on 08.09.2024.
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they will follow the conditions to be imposed by the concerned police.
5. Considering the above, the writ petitioner is directed to give a fresh representation with an undertaking affidavit that they will follow the conditions imposed by the concerned police before the third respondent and on receipt of the same, the third respondent is directed to consider the writ petitioner's representation and take a decision within a period of two days from today (03.09.2024).
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6. With the above direction, the Writ Petition stands disposed of. No costs.
03.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy today (03.09.2024) To 1.The Superintendent of Police, Madurai, Madurai District.
2.The Deputy Superintendent of Police, Usilampatti, Madurai District.
3.The Inspector of Police, Elumalai Police Station, Elumalai, Madurai District.
4.The Sub Inspector of Police, T.Ramanathapuram Police Station, Madurai District.
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.20962 of 2024 Dated : 03.09.2024 5/5