Madras High CourtWP(MD)/22704/2023disposed of

Natarajan v. The Deputy Superintendent Of Police

2023-09-19Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.18971 of 2023 Natarajan ... Petitioner Vs 1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.The Sub-Inspector of Police, Moolaikaraipatty Police Station, Tirunelveli 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 pertaining to the impugned order issued by the second respondent dated 11.09.2023 and quash the same as illegal and violative of principles of natural justice and consequently, direct the respondents to grant permission to conduct Aadal Paadal Programme in the tamil month of Purattasi during Kodaivizha scheduled to be held on 27.09.2023 at about 06.00 p.m. to be conducted at Arulmigu Sri Muppidathi Amman and Santhana Mariyamman Temples at Ayarkulam, Ariyakulam, Unnankulam, Nanguneri Taluk, Tirunelveli District. 1/5

For Petitioner : Mr.S.Krishnan For Respondents : Mr.S.S.Madhavan Government Advocate (Criminal Side)

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for quashment of the impugned proceedings of the second respondent dated 11.09.2023 and for a consequential direction to the respondents Police to grant permission and and protection for conducting Adal Padal programme in the Tamil month of Purattasi during Kodaivizha which is scheduled to be held on 27.09.2023 at about 06.00 p.m., in Arulmigu Sri Muppidathi Amman and Santhana Mariyamman Temple situated at Ayarkulam, Ariyakulam, Unnankulam, Nanguneri Taluk, Tirunelveli District.

2. It is the case of the petitioner that the villagers have decided to conduct the programme on 27.09.2023 in the said Temple and when the petitioner and the villagers have given a representation to the respondents Police on 11.09.2023, the respondents Police have rejected the request of the petitioner. Thereby, the present Writ Petition has been filed.

3. Learned Government Advocate (Criminal Side), on the other hand, submits that the respondents Police though in usual course have rejected 2/5

the request of the petitioner, are now intending to grant permission, in case, if the petitioner makes fresh representation and the respondents Police are prepared to consider the request of the petitioner by imposing the guidelines issued vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.

4. Considering the submissions made by the learned counsel for the petitioner and also the learned Government Advocate (criminal Side) appearing for the respondents Police, this Writ Petition is disposed of, directing the petitioner to approach the respondents Police and file fresh application, on which, the respondents Police are directed to consider the same and pass orders by imposing the guidelines issued vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019. No costs. Consequently, the connected miscellaneous petition is closed.

19.09.2023 NCC:yes/no Index:yes/no Internet:yes/no ssb 3/5

To 1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.The Sub-Inspector of Police, Moolaikaraipatty Police Station, Tirunelveli District.

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

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DR.D.NAGARJUN, J.

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