S.Ganesan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.22286 of 2019 and W.M.P.(MD)No.19059 & 19061 of 2019 S.Ganesan ... Petitioner -vs1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.
3.The Inspector of Police, Paramakudi Town Police Station, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the impugned order passed by the second respondent in Na.Ka.No.617/Ka.Thu.Ka.Parama/Mugam/19, dated 16.10.2019 and to quash the same as illegal and further directing the respondents to give protection and permission to the Valli Thirumana Nadagam by installing stage and speaker, to honour the portrait on Indian Freedom Fighter Thiru.Pasumpon U.Muthuramalingathevar in the 112th Jayanthi of Indian Freedom Fighter Thiru.Pasumpon U.Muthuramalingathevar to be conducted on 29.10.2019 and 30.10.2019 at Near Krishna Theatre, Thirualluvar Nagar, Paramakudi Town, For Petitioner : Mr.K.R.Laxman For Respondents : Mr.R.Anantharaj, Additional Public Prosecutor
ORDER
This Writ Petition has been filed to quash the impugned order passed by the second respondent in Na.Ka.No.617/Ka.Thu.Ka.Parama/ Mugam/19, dated 16.10.2019 and direct the respondents to give protection and permission to the Valli Thirumana Nadagam by installing stage and speaker, to honour the portrait on Indian Freedom Fighter Thiru.Pasumpon U.Muthuramalingathevar in the 112th
Jayanthi of Indian Freedom Fighter Thiru.Pasumpon U.Muthuramalingathevar to be conducted on 29.10.2019 and 30.10.2019 at Near Krishna Theatre, Thirualluvar Nagar, Paramakudi Town, 2.It is seen from the rejection order, the third respondent stated the reason for rejection that due to celebration of Thevar Jayanthi to be held on 30.10.2019, there would be a possibilities of creation of law and order problem and also issued an order under Section 144 Cr.P.C., and hence, the date sought for by the petitioner, no permission can be granted to conduct Valli Thirumana Nadagam.
3.The learned Additional Public Prosecutor appearing for the respondents submitted that the third respondent is ready and willing to permit the petitioner to conduct Valli Thirumana Nadagam on 01.11.2019 at the same venue.
4.Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh representation for seeking permission and police protection to conduct Valli Thirumana Nadagam on 01.11.2019 at near Krishna Theatre, Thirualluvar Nagar, Paramakudi Town, Ramanathapuram District. On receipt of the same, the third respondent is directed to consider the same and permit the petitioner to conduct Valli Thirumana Nadagam on 01.11.2019 by imposing necessary conditions and also provide adequate police protection. The petitioner is also directed to give an undertaking affidavit to the third respondent to abide with conditions. If any untoward incident happens during the Valli Thirumana Nadagam, the third respondent is at liberty to take appropriate action as against the petitioner or the law and order violators, in accordance with law.
5.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) gns To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.
3.The Inspector of Police, Paramakudi Town Police Station, +1CC TO MR.K.R.LAXMAN, Advocate Sr. No. 93952 W.P.(MD)No.22286 of 2019 NS(CO) TR(24.10.2019) 3P 5C