Arul Joseph.D v. The Commissioner Of Police

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

THE HONOURABLE MR.JUSTICE G.ILANGOVAN D.Arul Joseph ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Alagarkovil Road, Madurai.

2.The Deputy Commissioner of Police, North District, Madurai City, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd Respondent pertaining to his proceedings No.203/DCP/North District/MC/2023 dated 14.10.2023 and quash the same illegal and consequently direct the Respondents to grant permission to conduct the procession from K.Pudur to Dr.Ambedkar Statue, Out Post to be held on 26.10.2023 at 11.00am to 03.00 without causing any disturbance to public order.

1/5

For Petitioner :Mr.M.Maran 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 to call for the records of the 2nd Respondent pertaining to his proceedings No.203/DCP/North District/MC/2023 dated 14.10.2023 and quash the same illegal and consequently direct the Respondents to grant permission to conduct the procession from K.Pudur to Dr.Ambedkar Statue, Out Post to be held on 26.10.2023 at 11.00am to 03.00 without causing any disturbance to public order.

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.

3. The learned counsel appearing for the writ petitioner submitted that procession is going to be held on 26.10.2023 at about 11.00 a.m., to 2/5

03.00 p.m. Subsequent to the same, they sought police protection by giving a representation dated 12.10.2023. 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 since Maruthupandiyar Guru Pooja festival is going to be celebrated in several places and hence the protection sought for by the petitioner, cannot be provided, as of now. If the petitioner sends a fresh application after 30.10.2023, by stating the place and time, his representation will be considered, favourably.

5. Recording the submission of the learned Additional Public Prosecutor, the petitioner is directed to make a fresh representation after 30.10.2023, to the second respondent seeking permission for conducting the above said procession. As per the undertaking given by the second respondent, his application may be considered favourably. 3/5

6. With this direction, this Writ Petition is disposed of. No costs. 20.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Commissioner of Police, Madurai City, Alagarkovil Road, Madurai.

2.The Deputy Commissioner of Police, North District, Madurai City, Madurai.

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

4/5

G.ILANGOVAN, J.

pnn Order made in Dated 20.10.2023 5/5