Ayyankalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Ayyankalai ... Petitioner Vs

1. The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Peraiyur Police Station, Madurai District.

3. The Sub Inspector of Police, Seadapatti Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling records relating to the impugned order in proceedings No. Nil/2023 dated 05.10.2023 passed by the 2nd and 3rd respondents as illegal and quash the same and consequently direct the respondents to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal scheduled to be conducted on 11.10.2023 at 06.00 pm., in the festival of Arulmigu Sri Chellaiamman Kovil 1/6

Thiruvizha situated at Periyakattalai Village, Peraiyur Taluk, Madurai District with in a time frame fixed by this Court. For Petitioner : Mr.P.Prakash 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 quash the impugned order in No. Nil/2023 dated 05.10.2023 passed by the 2nd and 3rd respondents as illegal and quash the same and consequently direct the respondents to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal scheduled to be conducted on 11.10.2023 at 06.00 pm., in the festival of Arulmigu Sri Chellaiamman Kovil Thiruvizha situated at Periyakattalai Village, Peraiyur Taluk, Madurai District with in a time frame fixed by this Court.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Chellaiamman Kovil Thiruvizha situated at Periyakattalai Village, Peraiyur Taluk, Madurai District", is going to be held on 11.10.2023. Subsequent to the same, in order to conduct a cultural programme on that date, they sought permission of the police by giving a representation. But, the second and third respondents have considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.

4. 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 impugned order. If fresh representation is given by the petitioner to the respondents, the same will be considered.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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6.It is noted that the second and third respondents police, without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, passed the impugned order, dated 05.10.2023 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 and third respondents 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 and third respondents is hereby set aside. No costs. 10.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No 4/6

PNM Note : Issue order copy on 11.10.2023 To

1. The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Peraiyur Police Station, Madurai District.

3. The Sub Inspector of Police, Seadapatti Police Station, Madurai District.

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

G.ILANGOVAN, J PNM 5/6

ORDER IN Dated : 10.10.2023 6/6