Madras High CourtWP(MD)/21650/2023disposed of

K.Kulanthai Velu v. The Superintendent Of Police

2023-09-07Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Kulanthai Velu ... Petitioner /vs./ 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings of the 2nd respondent in Na.Ka.No.53/R1PS/INS/SVG/2023 dated 29.08.2023 and to quash the same as illegal and to direct the respondents to grant permission to conduct the "Dhina Audio and DON Boys" Adal Padal programme to be held on 10.09.2023 at "Arulmigu Sree.Thoonar Udaiya Ayyanar Kovil" Mega Kumbhabishegam and also to celebrate the Krishna Jeyanthi, Athapadakki Village, Kalaiyarkovil Taluk, Sivagangai District between 07.00 pm to 12.00 pm.

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For Petitioner : Mr.R.Balamuruganantham For Respondents : Mr.B.Thanga Aravindh Government Advocate (criminal side)

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent police to grant the permission to conduct the Aadal Paadal programme on 10.09.2023 at Arulmigu Sree Thoonar Udaiya Ayyanar Kovil and to celebrate Krishna Jeyanthi, Athapadakki Village, Kalaiyarkovil Taluk, Sivagangai District.

2.It is submitted by the learned counsel that the petitioner and other villagers have been conducting the Aadal Paadal programme every year in connection with the Thiruvizha of Arulmigu Sree Thoonar Udaiya Ayyanar Kovil at Athapadakki Village, Kalaiyarkovil Taluk, Sivagangai District. However, the respondent police have refused to grant the permission as per proceedings dated 29.08.2023 in Na.Ka.No.53/R1-PS/INS/SVG/2023 for this year without any valid reason. It is also submitted that there are no rival groups in the village and never any incident has happened and that the police have mechanically rejected the request of the petitioner.

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3.The learned Government Advocate (Crl.side) after taking instructions from the concerned police has reported that the respondent police have no objection to grant the permission to the petitioner for conducting the Aadal Paadal programme on 10.09.2023 in connection with the Thiruvizha of Arulmigu Sree Thoonar Udaiya Ayyanar Kovil at Athapadakki Village, Kalaiyarkovil Taluk, 4.Accordingly, this Writ Petition is disposed of directing the petitioner to file fresh application, on which the respondent police are directed to consider the same and grant the permission for conducting the Aadal Paadal programme on 10.09.2023 from 07.00 pm to 10.00 pm alone by imposing the usual conditions. No costs.

Speaking : Yes / No 07.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note : Issue order copy on 08.09.2023 3/5

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, 4/5

DR.D.NAGARJUN, J.

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