Manivannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Manivannan ... Petitioner /vs./ The Inspector of Police, Authoor Police Station, Thoothukudi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 24.08.2023 in C.No.06/F4PS/TUT/2023 by the Respondent and quash the same as illegal and consequential directing the respondent to grant permission and protection for cultural dance program in Adal Padal on 30.08.2023 of Arulmighu Uchinimaahaliyamman Kovil situated at Sernthapoomangalam Village, Tiruchendur Taluk, Thoothukudi District. For Petitioner : Mr.P.Balan For Respondent : Mr.B.Thanga Aravindh Government Advocate (criminal side) 1/5

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent police to conduct the Aadal Paadal programme on 30.08.2023 in connection with the festival of Arulmighu Uchinimaahaliyamman Kovil situated at Sernthapoomangalam Village, Tiruchendur Taluk, Thoothukudi District.

2.It is submitted by the learned counsel for the petitioner that every year the villagers have been conducting the aadal paadal programme during the festival time of Arulmighu Uchinimaahaliyamman Kovil situated at Sernthapoomangalam Village, Tiruchendur Taluk, Thoothukudi District. This year also, the petitioner has made a representation to the respondent police to permit him to conduct the said programme. However, the police have declined to permit the petitioner by citing various reasons vide proceedings of the respondent in C.No. 06/F4PS/TUT/2023 dated 24.08.2023 and therefore, sought for suitable directions.

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3.The learned Government Advocate (Crl.side) on the other hand submits that due to communal clash, there was one murder in the neighboring village. It is submitted further that the petitioner is noway connected to the conduct of the Aadal Paadal programme in Arulmighu Uchinimaahaliyamman Kovil. The petitioner has filed the proceedings of the respondent, wherein it is mentioned that there are certain issues in respect of law and order problem and there is possibility of raising law and order situation and the peace may also likely to be broken, thereby the application of the petitioner was rejected on 24.08.2023. 4.

Considering the circumstances, this Petition is disposed of directing the petitioner to approach the respondent police afresh by filing an application, on which the respondent police are directed to consider and dispose of the same by today itself, considering the fact that the programme is scheduled on 30.08.2023. However, the petitioner shall restrict the Aadal Paadal programme from 07.00 pm., to 10.00 pm., only. Further, the police are hereby directed to impose the conditions subject to the guidelines issued vide proceedings in Rc.

007301/Genl.I(1)/2019 dated 09.04.2019 in respect of maintaining the law and order while conducting the programme. No costs. Speaking : Yes / No 30.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note : Issue order copy on 31.08.2023 To The Inspector of Police, Authoor Police Station, Thoothukudi District.

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DR.D.NAGARJUN, J.

mm 30.08.2023 5/5