R.Kannan v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD).No.21385 of 2023 R.Kannan ... Petitioner Vs.

1.The Assistant Commissioner of Police, Koodalpudur, Madurai.

2.The Inspector of Police, D3 Koodalpudur 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 or order or direction in the nature of writ, calling for the records pertaining to the rejection order in proceeding in D3 Ps MLR No.147/230 dated 11.10.2023 passed by the 2nd respondent dated 11.10.2023 and quash the same and consequently direct the respondents to grant permission and protection for Adal Padal program scheduled to be held on 26.10.2023 at 7.00PM to 11.00 PM in connection with "Kumbabishega Vizha" at Arulmigu Sri Arasadi Karuppasamy Thirukovil at Anaiyur, Madurai . 1/5

For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petition has been filed by the petitioner challenging the impugned order passed by the second respondent in his proceedings in D3 Ps MLR No.147/230 dated 11.10.2023 and seeking consequential direction to the Respondents to grant permission and protection for Adal Padal program scheduled to be held on 26.10.2023 at 7.00PM to 11.00 PM in connection with "Kumbabishega Vizha" at Arulmigu Sri Arasadi Karuppasamy Thirukovil at Anaiyur, Madurai.

2.Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.

3.The learned counsel for the petitioner would submit that the representation that was made by the petitioner, seeking permission to conduct 'Adal Padal' programme during the temple festival, on 11.10.2023. The same was rejected by the second respondent stating that 2/5

there will a chance to create law and order problem in that area. Challenging the same, this writ petition has been filed. 4.The second respondent official is present before this Court today and stated that no such law and order problem has arisen in the above said Village so far. Only formal objection has been made. 5.The above said order is without referring to any specific issue. In view of the above said ambiguous order, the order passed by the second respondent in D3 Ps MLR No.147/230 dated 11.10.2023, is hereby set aside.

6.Let the petitioner give fresh representation to the second respondent, within a period of one week from the date of receipt of a copy of this order. The same shall be disposed of by the second respondent immediately, on its own merits, by following the order passed by the Hon'ble Division Bench of this Court 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. 3/5

007301/Genl.I (1)/2019 dated 09.04.2019.

7.With the above said directions, this writ petition stands disposed of. Consequently, the connected writ miscellaneous petition is also closed.

18.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No VSG Note : Issue order copy on 19.10.2023 To 1.The Assistant Commissioner of Police, Koodalpudur, Madurai.

2.The Inspector of Police, D3 Koodalpudur Police Station, Madurai.

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

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G.ILANGOVAN, J VSG Order made in Dated :18.10.2023 5/5