Periyakaruppan. P v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Periyakaruppan ... Petitioner Vs 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Cumbum South Police Station, Cumbum, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the impugned order dated 22.09.2023 made in Na.Ka.No.24/K2PS/Cumbum Police Station/2023 passed by the second respondent and quash the same with regard to the first condition of non granting permission to conduct Adalum Padalum programe during the celebration of Kodai Festival to Arulmighu Sri Manthaiamman Kovil situated at Nellu Kuthu Puliyamaram Street, Cumbum, Theni District and subsequently direct the second respondent to grant permission for conducting Adalum Padalum on 02.10.2023 as from 07.00 p.m., to 11.00 p.m., at Nellu Kuthu Puliyamaram Street, Cumbum, Theni District the event of Purattasi Kodai Festival to the Lord Arulmighu Sri Manthaiamman Kovil forthwith. 1/4

For Petitioner : Mr.K.Prabakaran For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

This Writ Petition is filed for a Certiorarified Mandamus, to call for the impugned order dated 22.09.2023 passed in Na.Ka.No.24/K2PS/Cumbum Police Station/2023 by the second respondent, quash the same and to direct the second respondent to grant the permission for conducting the Aadal Paadal programe on 02.10.2023 at Nellu Kuthu Puliyamaram Street, Cumbum, Theni District in the eve of Purattasi Kodai Festival to the Lord Arulmighu Sri Manthaiamman Kovil.

2.It is submitted by the learned counsel for the petitioner that the petitioner and other villagers have been conducting the festival every year including the Aadal Paadal programme, but the respondent police have declined to grant the permission as per proceedings dated 22.09.2023 in Na.Ka.No. 24/K2PS/Cumbum South Police Station/2023 and therefore, sought for suitable directions.

3.The learned Government Advocate (Crl.side) after taking instructions from the concerned police has reported that the respondent police have no objection to grant the permission to the petitioner for conducting the Aadal 2/4

Paadal programme on 02.10.2023 in connection with the Purattasi Kodai festival of Arulmighu Sri Manthaiamman Kovil at Nellu Kuthu Puliyamaram Street, Cumbum, Theni District.

4.Accordingly, this Writ Petition is disposed of directing the petitioner to file fresh application, on which the respondent police are directed to consider the same and grant the permission for conducting the Aadal Paadal programme on 02.10.2023 from 07.00 pm to 10.00 pm alone by imposing the usual conditions. No costs.

29.09.2023 NCC:yes/no Index:yes/no Internet:yes/no mm Note: Issue Order Copy on 29.09.2023 To 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Cumbum South Police Station, Cumbum, Theni 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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