Ramesh v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Ramesh ... Petitioner Vs.
1. The Deputy Superintendent of Police, Peraiyur Division, Peraiyur Taluk, Madurai District.
2. The Sub-Inspector of Police, Sedapatti Police Station, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order C.No.03/2023/F3 PS/2023 dated 28.09.2023 on the file of the 2nd respondent and quash the same as illegal and consequently directing the respondents to grant permission and protection for the Adal Padal cultural program in the eve of Sri Thiruvettai Ayyanar Temple Purattasi Pongal at evening 05.10.2023 at about 06.00 P.M to 11.00 P.M on the basis of the representation given by the petitioner dated on 28.09.2023 within the time limit that may be stipulated.
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For Petitioner : Mr. S.Sivaprakash For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order C.No.03/2023/F3 PS/2023 dated 28.09.2023 on the file of the 2nd respondent and quash the same as illegal and consequently directing the respondents to grant permission and protection for the Adal Padal cultural program in the eve of Sri Thiruvettai Ayyanar Temple Purattasi Pongal at evening 05.10.2023 at about 06.00 P.M to 11.00 P.M on the basis of the representation given by the petitioner dated on 28.09.2023 within the time limit that may be stipulated.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
3.Heard both sides.
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4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Sri Thiruvettai Ayyanar Temple situated ast Meenatchipuram, Thirumanickam Post, Peraiyur Taluk, Madurai 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.
5.The learned Additional Public Prosecutor would submit that citing that 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 proceedings in C.No.03/2023/F3 PS/2023 dated 28.09.2023. The counsel for the petitioner is ready to give fresh representation by mentioning place, time and date.
6. Without assigning any reason, the petitioner's representation came to be rejected by order dated 28.09.2023 citing, the law and order 3/6
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 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 28.09.2023, 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 Deputy Superintendent of Police, Peraiyur Division, Peraiyur Taluk, Madurai District.
2. The Sub-Inspector of Police, Sedapatti Police Station, Madurai.
3.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