Manthaisamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023 CORAM :

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

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

2.The Inspector of Police, Melur 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 Certiorarified Mandamus calling for the records relating to the Impugned rejection order passed by the respondent in proceedings in Na.Ka.No.93/Melur Circle/2023, dated 14.11.2023 and quash the same and consequently direct the 2nd respondent to permit the petitioner to conduct Adalpadal program scheduled to be held on 26.11.2023 and Valli Thirumanam Drama scheduled to be held on 27.11.2023 in connection Karthigai Deepam festivel of Arulmigu Sri Nondisamy Temple situated at Narasingampatty 1/6

Village, Melur Taluk, Madurai District.

For Petitioner : Mr.R.Vennila For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition challenging the rejection order in Na.Ka.No.93/Melur Circle/2023, dated 14.11.2023, passed by the 1st respondent and quash the same and consequently, direct the 2nd respondent to permit the petitioner to conduct Adalpadal program scheduled to be held on 26.11.2023 and Valli Thirumanam Drama scheduled to be held on 27.11.2023 in connection Karthigai Deepam festival of Arulmigu Sri Nondisamy Temple situated at Narasingampatty Village, Melur 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 festival for the temple, by name, Arulmigu Sri Nondisamy Temple 2/6

situated at Narasingampatty Village, Melur Taluk, Madurai District, is going to be held on 26.11.2023. Subsequent to the same, in order to conduct a cultural programme on 26.11.2023 & 27.11.2023, they sought permission of the police by giving a representation, dated 08.11.2023. But, the first 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 Additional Public Prosecutor would submit that the representation that was made by the petitioner came to be rejected by the competent authority, on the apprehension of creating law and order problem in that area. If any fresh representation is given by the petitioner, along with undertaking affidavit to the effect that the above said event will be held in peaceful manner, the same will be considered by the respondent police.

6.Accordingly, the petitioner is directed to file an undertaking affidavit along with fresh representation, before the first respondent, within a week from the date of receipt of a copy of this order, stating that he will comply all the conditions whatever imposed upon them to 3/6

conduct the above said event in peaceful manner. On such filing of the undertaking affidavit and fresh representation, it may be considered by the second respondent favourably imposing reasonable conditions by 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 impugned rejection order issued by the 1st respondent passed in Na.Ka.No.93/Melur Circle/2023, dated 14.11.2023, is hereby set aside. 23.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The Deputy Superintendent of Police, Melur Circle, Melur, Madurai District.

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2.The Inspector of Police, Melur police Station, Madurai District.

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

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G.ILANGOVAN, J TM Order made in Dated : 23.11.2023 6/6