Madras High CourtWP(MD)/20939/2023disposed of

P.Ajithkumar v. The Deputy Superintendent Of Police

2023-08-29Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.17342 of 2023 P.Ajithkumar ... Petitioner Vs 1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai 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 impugned order passed by the second respondent, dated 24.08.2023 in Na.Ka.No.49/R1-PS/INS/SVG/2023 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal Programme on 30.08.2023 at 07.00 P.M. to 10.00 P.M. in the evening of "Sri Muthumarimannam Kovil Mulaipari Uchava Thiruvila" at Kollangudi Village, Kalayarkovil, Sivagangai District. For Petitioner : Mr.J.Krishna Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a Certiorarified Mandamus directing the respondent Police to grant permission and necessary protection to perform the cultural program (ie) Adal Padal Programme on 30.08.2023 at 07.00 P.M. to 10.00 P.M. in "Sri Muthumarimannam Kovil Mulaipari Uchava Thiruvila" situated at Kollangudi Village, Kalayarkovil, Sivagangai District, by setting aside the orders, passed by the second respondent, dated 24.08.2023, in Na.Ka.No.49/R1PS/INS/SVG/2023. 2.. It is the case of the petitioner that since long time, the villagers have been performing Adal Padal and this year also, the villagers have decided to conduct the programme on 30.08.2023 at 07.00 P.M. to 10.00 P.M. in the evening of "Sri Muthumarimannam Kovil Mulaipari Uchava Thiruvila" situated at Kollangudi Village, Kalayarkovil, Sivagangai District. However, the respondent Police rejected the representation of the petitioner, dated 24.08.2023.

3. Learned Government Advocate (Criminal Side), on the other hand, submits that the respondent Police though in usual course has rejected the request of the petitioner, now, intending to grant permission, in case, if the 2/4

petitioner makes fresh representation, the respondent Police are prepared to consider the request by imposing the guidelines issued vide proceedings in Rc. 007301/Genl.I (1)/2019, dated 09.04.2019.

4. Considering the submissions made by the learned counsel for the petitioner and also the learned Government Advocate (criminal Side), this Writ Petition is disposed of, directing the petitioner to approach the respondent Police and file fresh application, on which, the respondent Police are directed to consider the same and pass orders by imposing the guidelines issued vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019. No costs. Consequently, the connected miscellaneous petition is closed. 29.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg Note : Issue Order Copy by 30.08.2023 To 1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

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

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

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DR.D.NAGARJUN, J.

tsg 29.08.2023 4/4