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Madras High CourtWP(MD)/22171/2021allowed

Chandran v. The Superintendent Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.22171 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22171 of 2021 and W.M.P.(MD)Nos.18739 & 18741 of 2021 Chandran ... Petitioner -Vs1. The Superintendent of Police, Tenkasi District, Tenkasi.

2. The Deputy Superintendent of Police, IUCAW, Puliyangudi Sub Division (Incharge), Puliyangudi Sub Division, Tenkasi District.

3. The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tenkasi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.393/Mike/SDO-P/2021, dated 07.12.2021 and quash the same and consequently, direct the respondents 2 and 3 to grant police permission and protection for celebrating 261st Death Anniversary Memorial Day of Vennik Kaaladi Freedom Fighter and procession with his photo and taking Palkoodam and Mulaippari on 20.12.2021 from 07.00 a.m., to 07.00 a.m., at Patchery Village, Nelkattumseval, Sivagiri Taluk, Tenkasi District. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.M.Veeranthiran Government Advocate

ORDER

The petitioner wants this Court to direct the second respondent to permit him to conduct the petition mentioned event.

2. The second respondent by citing the prevalence of pandemic had denied permission for holding the petition mentioned event. It is true that the lock down imposed in the wake of Covid-19 pandemic is yet to be fully lifted. However, social life has substantially returned to normalcy. Therefore, the impugned order is set aside.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22171 of 2021 3 The petitioner asserts that there is no communal angle. The second respondent is therefore directed to grant permission to the petitioner to hold the petition mentioned event. It is open to the second respondent to incorporate appropriate conditions for ensuring the smooth conduct of the event. The petitioner through his counsel gives an undertaking that the organizers of the event will adhere to the police directives.

4. Recording the said undertaking, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/ litigant concerned.

To

1. The Superintendent of Police, Tenkasi District, Tenkasi.

2. The Deputy Superintendent of Police, IUCAW, Puliyangudi Sub Division (Incharge), Puliyangudi Sub Division, Tenkasi District.

3. The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tenkasi District.

+1 CC to M/s.C.MAYILVAHANARAJENDRAN, Advocate ( SR-39001[F] dated 16/12/2021 ) W.P.(MD)No.22171 of 2021 15.12.2021 USK (17.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2