S.Vijayarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD)No.16934 of 2023 S.Vijayarajan ... Petitioner /vs./ 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub Inspector of Police, Radhapuram Police Station, Tirunelveli District.

... 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 rejection order in Proceedings No.14/V5P5/2023 passed by the 2nd respondent dated 20.08.2023 and quash the same and consequently direct the respondents to grant permission and protection for Adal Padal program scheduled to be held on 25.08.2023 at 7.00 pm to 11.00 pm in connection with "Thiruvizha" at Sri Othapanai Sudalaimada Swamy Thirukovil at Muthunadar Kudiyiruppu, Samugarengathapuram, Tirunelveli District.

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For Petitioner : Mr.V.Manikandan For Respondents : 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 grant the permission to conduct the Aadal Paadal programme on 25.08.2023 from 07.00 pm to 11.00 pm in connection with the Thiruvizha in Sri Othapanai Sudalaimada Swamy Thirukovil at Muthunadar Kudiyiruppu, Samugarengathapuram, Tirunelveli District. 2.It is submitted by the learned counsel that the villagers have been conducting the Aadal Paadal programme every year in connection with the Thiruvizha of Sri Othapanai Sudalaimada Swamy Thirukovil at Muthunadar Kudiyiruppu, Samugarengathapuram, Tirunelveli District. However, the respondent police have refused to grant the permission as per proceedings dated 20.08.2023 in No.14/V5P5/2023 for this year without any valid reason. It is also submitted that there are no rival groups in the village and never any incident has happened and that the police have mechanically rejected the request of the petitioner.

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3.The learned Government Advocate (Crl.side) after taking instructions from the concerned police has reported that the respondent police have no objection to grant the permission to the petitioner for conducting the Aadal Paadal programme on 25.08.2023 in connection with the Thiruvizha of Sri Othapanai Sudalaimada Swamy Thirukovil at Muthunadar Kudiyiruppu, Samugarengathapuram, Tirunelveli District.

4.Accordingly, this Writ Petition is disposed of directing the petitioner to file fresh application, on which the respondent police are directed to consider the same and grant the permission for conducting the Aadal Paadal programme on 25.08.2023 from 07.00 pm to 10.00 pm alone. No costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 23.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note : Issue order copy on 24.08.2023 3/5

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

2.The Sub Inspector of Police, Radhapuram Police Station, Tirunelveli District.

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DR.D.NAGARJUN, J.

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