Silambarasan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN Silambarasan ... Petitioner Vs 1.The Superintendent of Police, Karur District, Karur.
2.The Deputy Superintendent of Police, Kulithalai, Karur District.
3.The Inspector of Police, Mayanur Police Station, Karur 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 relating to the impugned order passed by the second respondent in Na.Ka.No. 10/Ka.Aa/Mayanur/P.S./Karur, dated 03.09.2023 and quash the same as illegal and consequently, direct the respondents to give permission and protection to perform the Aadal Padal on 17.09.2023 in respect of the temple festival of "Kidavettu Thiruvizha and Mavilakku Poojai" in "Arulmigu Bagavathiamman Kovil and Mariamman Kovil", situated at Kattalai Agraharam, Renganathapuram Village, Krishnayarapuram Taluk, Karur District. 1/5
For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)
O R D E R
This Writ Petition is filed seeking for quashment of the order passed by the second respondent Police on 03.09.2023 and for a consequential direction to the respondents to grant permission for conducting Adal Padal Programme on 17.09.2023 in respect of the festival of Kidavettu Thiruvizha and Mavilakku Poojai in Arulmigu Bagavathiamman Kovil and Mariamman Kovil situated at Kattalai Agraharam, Renganathapuram Village, Krishnayarapuram Taluk, Karur District.
2. It is submitted by the learned counsel appearing for the petitioner that the villagers have decided to conduct Adal Padal Programme on 17.09.2023 in respect of festival in the said Temple. However the respondents Police have rejected the permission by way of impugned order dated 03.09.2023 on certain grounds which are not connected with the petitioner. It is further submitted that the petitioner is prepared to give an undertaking that there will not be any untoward incident taken place during the time of conducting the festival and thereby, he sought for setting aside the order passed by the respondents Police. 2/5
3. The learned Government Advocate (Criminal side) appearing for the official respondents submits that on 20.08.2022, an F.I.R was registered in the same village in respect of temple festival, when Adal Padal Programme was being conducted and basing on their intelligence, the situation is not conducive to grant permission and in case if permission is granted, there is every likely that peace in the village will be disturbed.
4. The petitioner has not placed any record contrary to the submissions made by the Police in respect of their intelligence except stating that he will give an undertaking that there will not be any untoward incident taken place during the time of conducting the festival and if permission is granted, it will create problem and leads to commission of offence. Therefore, the respondents Police have rightly rejected and there is no material placed before this Court contrary to the grounds raised by the respondents Police and therefore, the petitioner has no case.
5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
13.09.2023 NCC:yes/no Index:yes/no Internet:yes/no ssb 3/5
To 1.The Superintendent of Police, Karur District, Karur.
2.The Deputy Superintendent of Police, Kulithalai, Karur District.
3.The Inspector of Police, Mayanur Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN, J.
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