Rajkumar.M v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.09.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.22156 of 2023 and W.M.P(MD).No.18466 of 2023 M.Rajkumar ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Puzhuthipatti Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order in proceedings in Na.Ka.No.03/2023 passed by the second respondent dated 05.09.2023 and quash the same and consequently, direct the respondents to grant permission and protection for Adal Padal Programme scheduled to be held on 12.09.2023 at 06.00 p.m. to 11.00 p.m in connection with "Thiruvizha" at Arulmigu Sri Manthaiyamman Thirukovil at K.Ammapatti Village, Singampunari Taluk, Sivagangai District.

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For Petitioner : Mr.V.Manikandan For Respondents : Mr.B.Thanga Aravindh Government Advocate (crl.side)

O R D E R

This Writ Petition is filed seeking for quashment of the impugned order passed by the second respondent in Na.Ka.No.03/2023 dated 05.09.2023, rejecting the request of the petitioner to grant permission for conducting Adal Padal Programme which is scheduled to be held on 12.09.2023 from 06.00 p.m. to 11.00 p.m in Arulmigu Sri Manthaiyamman Thirukovil, situated at K.Ammapatti Village, Singampunari Taluk, Sivagangai District.

2. It is submitted by the learned counsel appearing for the petitioner that the people in the village including the rival groups have decided to conduct the festival and Adal Padal Programme on 12.09.2023 from 06.00 p.m. to 11.00 p.m. However, it is submitted that the second respondent Police have rejected the permission and thereby, he sought for suitable directions.

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3. The learned Government Advocate (criminal side) appearing for the respondents Police submits that for the last three years, the temple festival was not conducted in the said village on account of disputes amongst the various sections in the village. However, this year, the people belonging to the various sections stated to have come forward to conduct the festival jointly and thereby, permission was granted for conducting festival. But, insofar as Adal Padal Programme is concerned, the Police on suspecting that law and order problem may likely to arise, rejected the permission.

4. Since the people belonging to various sections have decided to conduct the festival jointly, the Police should have given a permission even for conducting the Adal Padal Programme.

5. In view of the above, the petitioner is at liberty to file a fresh application before the respondents Police, on which, the respondents Police are directed to consider the same and grant permission by imposing usual conditions, in case if the people belonging to the village have jointly approached the respondents Police for performing Adal 3/5

Padal Programme.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 12.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb Note: Issue order copy on 13.09.2023 To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Sub-Inspector of Police, Puzhuthipatti Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN,J ssb W.P.(MD)No.22156 of 2023 Dated:12.09.2023 5/5