Madras High CourtWP(MD)/21017/2023disposed of

S.Jeyasankar v. The 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.17444 of 2023 S.Jeyasankar ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil 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 rejection order in proceedings in Na.Ka.No.48/R1-PS/INS/SVG/2023, passed by the second respondent, dated 24.08.2023 and quash the same and consequently direct the respondents to grant permission and protection for Adal Padal programme scheduled to be held on 30.08.2023 at 06.00 P.M. to 11.00 P.M. in connection with "Thiruvizha" at Arulmigu Sri Valmel Nadantha Amman Thirukovil at Soosaiyapparpattinam, Kalaiyarkovil Taluk, Sivagangai District.

For Petitioner : Mr.V.Manikandan 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 seeking for a direction to the respondent Police to grant permission and and protection for conducting Adal Padal programme on 30.08.2023 at about 06.00 P.M. to 11.00 P.M. in connection with "Thiruvizha" at Arulmigu Sri Valmel Nadantha Amman Thirukovil at Soosaiyapparpattinam, Kalaiyarkovil Taluk, Sivagangai District, by setting aside the orders passed by the second respondent in Na.Ka.No.48/R1PS/INS/SVG/2023, dated 24.08.2023.

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 06.00 P.M. to 11.00 P.M. in connection with "Thiruvizha" at Arulmigu Sri Valmel Nadantha Amman Thirukovil at Soosaiyapparpattinam, Kalaiyarkovil Taluk, 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 Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil 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