Ponmani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN and W.M.P(MD).No.16695 of 2023 Ponmani ... Petitioner Vs.

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

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent dated 14.08.2023 inasmuch as refusal of permission for Adal-padal and quash the same and consequently direct the second respondent Police to grant permission and protection for conducting Adal Padal program, scheduled to be conducted on 30.08.2023 in the eve of Mulaipari festival of Arulmigu Sri Alagunachiamman Temple in Theli village, Sivagangai Taluk, Sivagangai District.

1/5

For Petitioner : Mr.V.S.Kishok Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (crl.side)

O R D E R

This Writ Petition is filed seeking for quashment of the impugned order dated 14.08.2023 passed by the second respondent and for a direction to the second respondent Police to grant permission to conduct Adal Padal program, scheduled to be held on 30.08.2023 in the eve of Mulaipari festival in Arulmigu Sri Alagunachiamman Temple in Theli village, Sivagangai Taluk, Sivagangai District.

2. It is submitted by the learned Government Advocate (Criminal side) appearing for the respondents Police that on account of incident that happened in the last year in neighbouring village, whereunder, the people attacked the Police and a case has been registered under Section 307 IPC, the Police have rejected the permission. In case if Adal Padal programme is permitted to be conducted, there is a every possibility that nearby villagers may also like to come and thereby, there could be law and order situation.

2/5

3. In view of the above, the order passed by the second respondent Police cannot be interfered. However, the petitioner is directed to file a fresh application by giving an undertaking and explaining precaution measures taken, basing on which, if the Police are satisfied, they may grant permission as sought for by the petitioner.

4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 25.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb Note:Issue order copy on 28.08.2023.

3/5

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

4/5

DR.D.NAGARJUN,J ssb Dated:25.08.2023 5/5