M.Subash v. The District Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Subash ... Petitioner Vs.
1. The District Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police, Valliyoor Division, Valliyoor.
3. The Sub-Inspector of Police, Radhapuram Police Station, Radhapuram, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the order No.15/V5PS/2023 dated 22.09.2023 impugned order passed by the 3rd respondent and quash the same void and illegal.
For Petitioner : Mr.B.Charmurugan For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.
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O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorari, calling for the records pertaining to the order No. 15/V5PS/2023 dated 22.09.2023 impugned order passed by the 3rd respondent and quash the same void and illegal.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
3.Heard both sides.
4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Mutharamman Thirukovil situated at Parameshwapuram, Tirunelveli District", is going to be held on 05.10.2023. Subsequent to the same, in order to conduct a cultural programme on 05.10.2023, they sought permission of the police by giving a representation. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief. 2/6
5.The learned Additional Public Prosecutor would submit that citing that the above said place is closely located near Koodankulam Automic Power Plant and there is some possibility of law and order problem in the proposed place, where the above said event is going to be conducted, the above said representation was rejected by the order vide his order No.15/V5PS/2023 dated 22.09.2023. The counsel for the petitioner is ready to give fresh representation by mentioning alternative place, time and date.
6. Without assigning any reason, the petitioner's representation came to be rejected by order dated 22.09.2023 citing, the law and order issue. I find absolutely no ground mentioned in the rejection order. There shall be a direction to the petitioner to give fresh representation by mentioning the place, time and date. If such representation is made the same may be considered and pass orders by the second respondent forthwith following the order of the Hon'ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy District and another, in W.P.(MD).No.12535 of 2023, dated 24.05.2023 and in the light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 3/6
09.04.2019.
7.With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 22.09.2023, is hereby set aside.
04.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 04.10.2023 Indu 4/6
To
1. The District Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police, Valliyoor Division, Valliyoor.
3. The Sub-Inspector of Police, Radhapuram Police Station, Radhapuram, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J Indu Order made in Dated : 04.10.2023 6/6