V.Premkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.26277 of 2023 V.Premkumar ... Petitioner Vs.

1. The Deputy Superintendent of Police, Thirumangalam Circle, Madurai District.

2. The Inspector of Police, Thirumangalam Taluk Circle, Thirumangalam, Madurai District.

3. The Sub-Inspector of Police, Sindhupatti Police Station, Sindhupatti, Madurai District.

... 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 pertaining to the impugned order in Na.Ka.no. 27/Ka.Aa.Thi.Tha.Va/2023 dated 28.10.2023 passed by the 2nd respondent and quash the same as illegal and consecutively grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 04.11.2023 at 07.00 PM to 10.00 PM on the eve of Devar Jeyanthi at Nattarmangalam Village, Usilampatti Taluk, Madurai District. 1/6

For Petitioner : Mr.Sasikumar.S For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.27/Ka.Aa.Thi.Tha.Va/2023, dated 28.10.2023 passed by the 2nd respondent and quash the same as illegal and consecutively grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 04.11.2023 at 07.00 PM to 10.00 PM on the eve of Devar Jeyanthi at Nattarmangalam Village, Usilampatti Taluk, Madurai District.

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

3.Heard both sides.

4. The learned counsel appearing for the writ petitioner submitted that Devar Jeyanthi celebration is going to be held on 04.11.2023. 2/6

Subsequent to the same, in order to conduct a cultural programme on 04.11.2023, 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 second respondent Police appeared before this Court and stated that because of lack of strength of Police to provide Police protection, the above said order has been passed and there is some possibility of law and order problem in the proposed place, where the above said event is going to be conducted, the above said representation was rejected by the order vide his proceedings in Na.Ka.No. 27/Ka.Aa.Thi.Tha.Va/2023, dated 28.10.2023.

6. The learned counsel for the petitioner would submit that the petitioner is ready to give fresh representation by mentioning alternative place, time and date.

7. Without assigning any reason or any specific incident, the petitioner's representation came to be rejected by order dated 28.10.2023 3/6

citing, the law and order issue. I find absolutely no ground mentioned in the rejection order. There shall be a direction to the petitioner to give fresh representation by mentioning alternative 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 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 28.10.2023, is hereby set aside.

02.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

1. The Deputy Superintendent of Police, Thirumangalam Circle, Madurai District.

2. The Inspector of Police, Thirumangalam Taluk Circle, Thirumangalam, Madurai District.

3. The Sub-Inspector of Police, Sindhupatti Police Station, Sindhupatti, Madurai District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 02.11.2023 6/6