Kasimayan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023 CORAM :

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

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

2.The Deputy Superintendent of Police, Usilampatti Range, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

4.The Inspector of Police, Usilampatti Taluk 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 Mandamus, or any other appropriate or direction, directing the respondents herein to grant permission and provide adequate police protection for conducting events viz., distributing plants, distributing note books, sports and Palkudam 1/6

and Mulaipari towards Pasumpon Muthuramalingam Thevar Statue at Usilampatti Scheduled on 30.10.2023 and consequential event viz., Cultural Program (Adal Padal) scheduled on 31.10.2023 in the light of 116th Anniversary of Pasumpon Muthuramalinga Thevar Celebrated by Keeripatti Villagers on the basis of the representation dated 28.09.2023 and its remainder dated 12.10.2023 within the stipulated in accordance with law.

For Petitioner :Mr.C.Senthil Murugan For Respondents :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition is filed seeking Writ of Mandamus, or any other appropriate or direction, directing the respondents herein to grant permission and provide adequate police protection for conducting events viz., distributing plants, distributing note books, sports and Palkudam and Mulaipari towards Pasumpon Muthuramalingam Thevar Statue at Usilampatti Scheduled on 30.10.2023 and consequential event viz., Cultural Program (Adal Padal) scheduled on 31.10.2023 in the light of 116th Anniversary of Pasumpon Muthuramalinga Thevar Celebrated by Keeripatti Villagers on the basis of the representation dated 28.09.2023 2/6

and its remainder dated 12.10.2023 within the stipulated in accordance with law.

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

3. The learned counsel appearing for the writ petitioner submitted that festival, by name, "116th Anniversary of Pasumpon Muthuramalinga Thevar" is going to be held on 31.10.2023. Subsequent to the same, in order to conduct a cultural programme on those days. They sought permission of the Police by giving a representation dated 28.09.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that they are going to reject the representation. 3/6

5. The second respondent is present before this Court and also accepted the suggestion made by this Court that whatever condition that are reasonable may be imposed even with regard to restrict the distance of the procession, the petitioner's representation may be considered. If a fresh representation is given, restricting the distance in which the procession is going to be conducted, the petitioner's representation may be considered.

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the second respondent is hereby directed to consider the representation to be given by the writ petitioner, restricting the distance and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

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7. With the above direction, this writ petition stands disposed of. No costs.

20.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Deputy Superintendent of Police, Usilampatti Range, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

4.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

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G.ILANGOVAN, J pnn Order made in Dated 20.10.2023 6/6