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Madras High CourtWP(MD)/23935/2023allowed

Narasinga Perumal v. The Deputy Superintendent Of Police

2023-09-29Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Narasinga Perumal ... Petitioner Vs 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Peraiyur, Madurai District.

2.The Sub-Inspector of Police, Saptoor Police Station, Madurai 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 records on the file of the second respondent in connection with the impugned rejection order passed by him vide his proceedings dated 26.09.2023 and consequently direct the respondents to grant permission and necessary protection to perform the cultural programme (I.e) Adal Padal on the eve of Arulmigu Sri Muthallaman Temple, Palaiyur Village, Peraiyur Taluk, Madurai District which is to be held on 03.10.2023 from 07.00 p.m., to 10.00 p.m., based on the petitioner's representation in person on 26.09.2023.

For Petitioner : Mr.S.Naveenkumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 1/5

O R D E R

This Writ Petition is filed for a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent in connection with the impugned rejection order passed by him vide his proceedings dated 26.09.2023 and consequently direct the respondents to grant permission and necessary protection to perform the cultural programme (I.e) Adal Padal on the eve of Arulmigu Sri Muthallaman Temple, Palaiyur Village, Peraiyur Taluk, Madurai District which is to be held on 03.10.2023 from 07.00 p.m., to 10.00 p.m., based on the petitioner's representation in person on 26.09.2023.

2. It is submitted by the learned counsel for the petitioner that the petitioner has filed an application before the respondent Police seeking permission and necessary protection to perform the cultural programme (I.e) Adal Padal on the eve of Arulmigu Sri Muthallaman Temple, Palaiyur Village, Peraiyur Taluk, Madurai District which is to be held on 03.10.2023 from 07.00 p.m., to 10.00 p.m. The said request was rejected vide impugned proceedings dated 26.09.2023. It is submitted by the learned counsel for the petitioner that the petitioner will give an undertaking that they will conduct a programme peacefully without any hindrance to peace in the society and also requested the Court to pass directions by imposing conditions, if any. 2/5

3. Learned Government Advocate (Criminal Side) on other hand submits that the respondent Police have no objection to grant of permission to conduct programme, subject to the guidelines issued vide proceedings in Rc. 007301/Genl.I (1)/2019, dated 09.04.2019.

4. Considering the same, the petitioner is directed to approach the police with fresh petition within one week from the date of receipt of a copy of this order, on which, the respondent police are directed to consider the same, subject to law and order problems and keeping in view of the fact that permission was earlier rejected and if conducive grant permission as per the guidelines of the police vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.

5. This Writ Petition therefore is closed. No costs. 29.09.2023 NCC:yes/no Index:yes/no Internet:yes/no am Note: Issue Order Copy on 29.09.2023 3/5

To 1.The Deputy Superintendent of Police, Peraiyur, Madurai District.

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

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

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DR.D.NAGARJUN, J.

am 29.09.2023 5/5