S.Kannan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN S.Kannan ... Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Sub-Inspector of Police, Peraiyur 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 direction more particularly in the nature of a Writ of Certiorarified Mandamus or any other order or direction in the nature of Writ, to call for the records pertaining to the impugned order passed by the 2nd Respondent in his proceedings dated 12.10.2023 and quash the same as illegal, consequently, directing the Respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 08.11.2023 and 09.11.2023 at 07.00PM to 11.00PM in connection with "Thiru Vizha" of Arulmigu Sri Mariamman, Sri Kaliamman Thirukovil, S.Melapatti, Peraiyur Taluk, Madurai District. 1/6
For Petitioner :Mr.R.Karthic Rajan 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 order or direction in the nature of Writ, to call for the records pertaining to the impugned order passed by the 2nd Respondent in his proceedings dated 12.10.2023 and quash the same as illegal, consequently, directing the Respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 08.11.2023 and 09.11.2023 at 07.00PM to 11.00PM in connection with "Thiru Vizha" of Arulmigu Sri Mariamman, Sri Kaliamman Thirukovil, S.Melapatti, Peraiyur Taluk, Madurai 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, "Arulmigu Sri Mariamman, Sri Kaliamman Thirukovil', is going to be held on 08.11.2023 and 09.11.2023. 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 and the petitioner is seeking permission for two days which cannot be permitted, the above said representation was rejected by the order dated 12.10.2023.
6. The counsel for the petitioner is ready to give fresh representation by restricting the cultural programme for one day. 3/6
7. There shall be a direction to the petitioner to give fresh representation by restricting the programme to be conducted for one day. 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.
8. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 12.10.2023, is hereby set aside.
20.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 4/6
To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Sub-Inspector of Police, Peraiyur Police Station, Madurai 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