Madras High CourtWP(MD)/23598/2023disposed of

P.Selvam v. The Deputy Superintendent Of Police

2023-09-27Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Selvam ... Petitioner Vs 1.The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

2.The Sub-Inspector of Police, Vikkiramangalam Police Station, Vikkiramangalam, 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 first respondent, dated 21.09.2023 and quash the same as illegal and consequently grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on 30.09.2023 at 07.00 P.M. to 10.00 P.M. in the evening of "Urtchava Thiruvizha" at Arulmigu Sri Chokkankaruppasamy Thirukovil at Chokkankovilpatti Village, Usilampatti Taluk, Madurai District.

For Petitioner : Mr.K.Srinivasaragavan 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 the respondent Police to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on 30.09.2023 at 07.00 P.M. to 10.00 P.M. in the evening of "Urtchava Thiruvizha" at Arulmigu Sri Chokkankaruppasamy Thirukovil, situated at Chokkankovilpatti Village, Usilampatti Taluk, Madurai District, by setting aside the orders passed by the first respondent, vide Na.Ka.No. 148/kaa.Thoo.Ka/Usila/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 30.09.2023 at 07.00 P.M. to 10.00 P.M. in the evening of "Urtchava Thiruvizha" at Arulmigu Sri Chokkankaruppasamy Thirukovil, situated at Chokkankovilpatti Village, Usilampatti Taluk, Madurai District. 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 2/4

petitioner makes fresh representation, the respondent Police are prepared to 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 29.09.2023 To 1.The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

2.The Sub-Inspector of Police, Vikkiramangalam Police Station, Vikkiramangalam, Madurai District.

3.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