S.P.Saravanan Ex Mc v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN S.P.Saravanan Ex MC ... Petitioner Vs 1.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Ponmalai Region, G-Corner, Trichy.

2.The Inspector of Police, Ariyamangalam Police Station, Ariyamangalam, Trichy District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to permit us to perform the Ganesa Pooja from 18.09.2023 till 20.09.2023 at the above mentioned place and also to immerse the said idols through a procession on 20.09.2023 at Cauvery river waters with police protection by considering the petitioner's representation, dated 06.09.2023. For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a mandamus to the respondent Police to permit the petitioner to perform Ganesa Pooja from 18.09.2023 to 20.09.2023 and to take out the procession of the idol for immersion on 20.09.2023 at Kaveri river water, basing on the representation given by the petitioner, dated 06.09.2023.

2. It is submitted that since the said petition has not been considered by the respondent Police so far, directions as sought for.

3. Learned Government Advocate (Criminal Side) on the other hand submits that the respondent Police are raising objections in respect of the route through which the petitioner intends to take the idol for immersion as the route likely to pass through sensitive areas which may likely to break the peace and tranquility in the Society.

4. Considering the submissions, since the respondent Police have no objection for the request of the petitioner, this Writ Petition is disposed of, directing the respondent Police to consider the representation of the petitioner dated 06.09.2023 and grant permission for installation and also for the procession by indicating the routes in writing through which the procession is 2/4

expected to be taken for immersion in the Kaveri river. In case, if the petitioner is not acceptable to the route, the respondent Police are at liberty to reject the permission and further the petitioner is also directed to follow the guidelines issued in G.O.Ms.No.598, dated 09.08.2018, passed by the Public (Law and Order.B) Department. No costs.

15.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg Note : Issue Order Copy by 15.09.2023 To 1.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Ponmalai Region, G-Corner, Trichy.

2.The Inspector of Police, Ariyamangalam Police Station, Ariyamangalam, Trichy District.

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

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DR.D.NAGARJUN, J.

tsg 15.09.2023 4/4