Karthikeyan.P v. The Deputy Superintendent Of Police

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

THE HONOURABLE MR.JUSTICE G.ILANGOVAN P.Karthikeyan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Dindigul District.

Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order dated 16.10.2023 in C. No.175/H1PS/2023 by the 2nd Respondent and quash the same as illegal and consequential directing the Respondent to grant permission and protection for cultural dance program in Adal Padal on 21.10.2023 of Arulmighu Muthalamman, Kaliamman, Bagavathiyamman, Kovilpattu Ammaniyammal situated at Pilathu Village, Vedasandur Taluk, Dindigul District.

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For Petitioner :Mr.K.Rajendran For Respondents :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This Writ Petition is filed seeking Writ of Certiorarified Mandamus, or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order dated 16.10.2023 in C. No.175/H1PS/2023 by the 2nd Respondent and quash the same as illegal and consequential directing the Respondent to grant permission and protection for cultural dance program in Adal Padal on 21.10.2023 of Arulmighu Muthalamman, Kaliamman, Bagavathiyamman, Kovilpattu Ammaniyammal Temple, situated at Pilathu Village, Vedasandur Taluk, Dindigul District.

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, "Arulmighu Muthalamman, Kaliamman, Bagavathiyamman, Kovilpattu Ammaniyammal Temple", is going to be held on 21.10.2023. 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 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 Government Advocate (Crl. Side) would submit that citing that there is some possibility of law and order problem, in the village, proposed place where the above said event is going to be conducted, the above said representation was rejected by the order dated 16.10.2023. The counsel for the petitioner is ready to give fresh representation by mentioning alternative place, time and date.

6. Without assigning any reason, the petitioner's representation came to be rejected by order dated 16.10.2023 citing, the law and order issue. I find absolutely no ground mentioned in the rejection order. 3/6

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 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 16.10.2023, is hereby set aside.

20.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 20.10.2023 pnn 4/6

To 1.The Deputy Superintendent of Police, Dindigul District.

Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

3.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