A.Chinnathambi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN A.Chinnathambi ... Petitioner Vs 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

3.The Inspector of Police, Usilampatti Police Station, Madurai 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 order passed by the second respondent in Na.Ka.No. 149/ka.d.k/Usilai/2023, dated 21.09.2023 and quash the same as illegal and consequently direct the respondent Nos.2 and 3 to grant permission for conducting "Adal and Padal" program on 28.09.2023 at Sri Arulmigu Sri Kannimar Amman, Sri Muthalamman, Sri Kaliyamman Thirukovil Post Usilampatti, E.Nadupatti Village, Periyapaalai Patti, Chinnapaalar Patti, Madurai District and to give necessary Police protection to the said program. For Petitioner : Mr.P.Vijaya Ragavan 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 direction to respondent Nos.2 and 3 / Police to grant permission for conducting "Adal and Padal" programme on 28.09.2023 at Sri Arulmigu Sri Kannimar Amman, Sri Muthalamman, Sri Kaliyamman Thirukovil, Usilampatti, E.Nadupatti Village, Periyapaalai Patti, Chinnapaalar Patti, Madurai District, by setting aside the orders passed by the second respondent, vide Na.Ka.No.149/ka.d.k/Usilai/2023, dated 21.09.2023 2.. It is the case of the petitioner that since long time, the villagers have been performing Adal Padal and this year also, the villagers have decided to conduct the programme on 28.09.2023 at Sri Arulmigu Sri Kannimar Amman, Sri Muthalamman, Sri Kaliyamman Thirukovil. However, the respondent Police rejected the representation of the petitioner, dated 21.09.2023.

3. Learned Government Advocate (Criminal Side), on the other hand, submits that the respondent Police though in usual course has rejected the request of the petitioner, now, intending to grant permission, in case, if the petitioner makes fresh representation, the respondent Police are prepared to 2/4

consider the request 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), this Writ Petition is disposed of, directing the petitioner to approach the respondent Police and file a fresh application, on which, the respondent 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. 27.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg Note : Issue Order Copy by 27.09.2023 To 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

3.The Inspector of Police, Usilampatti Police Station, Madurai District.

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

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DR.D.NAGARJUN, J.

tsg 27.09.2023 4/4