Gandhi.L.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN L.V.Gandhi ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to grant permission to conduct Vinayaga Chathurthi Festival on 18.09.2023 at about 6.00 a.m. by putting Lord Vinayagar Statue at the corner of Thiruppuvanam-Narikudi Road and procession of Vinayagar Statue in the main streets of the town on 20.09.2023 at about 6.00 p.m. Wednesday and immerse the statute in Thattankulam Oorani by considering the petitioner's representation dated 12.09.2023.

For Petitioner : Mrs.C.R.Ponnuthai For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

O RDER This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent Police to grant permission to conduct Vinayagar Chathurthi Festival on 18.09.2023 at about 6.00 a.m. and for taking the idol for immersion by way of procession on 20.09.2023 at about 6.00 p.m. onwards.

2. It is submitted by learned counsel for the petitioner that every year, the villagers have been conducting the Vinayagar Chathurthi Festival in the same place where the request is made in the representation. However, the respondent Police have not been given permission so far. Therefore, sought for permission.

3. Learned Government Advocate (Criminal Side) on the other hand submits that though every year, the petitioner has conducted the festival and the rival group was also used to join along with the petitioner, but, this time, the rival group also intends to install the idol in the same place. Since both the petitioner and rival group also belong to the same political parties, both shall perform the festival jointly. In case, if the petitioner and rival groups are intending to conduct 2/4

the festival jointly, the respondent Police are directed to give permission by making security arrangements and the petitioner are directed to follow G.O.Ms.No.598, dated 09.08.2018, passed by the Public (Law and Order.B) Department.

4. With the above direction, this Writ Petition is disposed of. No costs.

Speaking : Yes / No 15.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg Note: Issue order copy on 15.09.2023 To 1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

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DR.D.NAGARJUN. J.

tsg W.P.(MD)No.22589 of 2023 15.09.2023 4/4