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Madras High CourtWP(MD)/30815/2023disposed of

Amalraj Pandian .G v. The Superintendent Of Police

2023-12-21Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.30815 of 2023 G.Amalraj Pandian ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Srivaikundam Sub-Division, Thoothukudi District.

3.The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to provide police protection, permission on 24.12.2023 at Sunday midnight conducting 01.30 pm Susaiyappar Alaya Thirupali at Susaiyappas temple and Monday on 25.12.2023 at 3.00 pm, to conduct the Mulaipari Uravalam and Silambatam will be held after melting in Muthalankurichi River, Susaiyappar Kovil Street, 1/5

Keelanattarkulam Village, Vittilapuram Post, Srivaikundam Taluk, Thoothukudi District on the basis of the petitioners representation dated 01.12.2023 and based on the Festival Notice.

For Petitioner :Mr.P.Rajkumar For Respondents :Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

O R D E R

This Writ Petition is filed in the nature of Writ of Mandamus, directing the respondents herein to provide police protection, permission to conduct Thirupali on 24.12.2023 at 1.30 p.m., and Mulaipari Uravalam and Silambatam on 25.12.2023 at 3.00 pm, will be held after melting in Muthalankurichi River, Susaiyappar Kovil Street, Keelanattarkulam Village, Vittilapuram Post, Srivaikundam Taluk, Thoothukudi District on the basis of the petitioners representation dated 01.12.2023 and based on the Festival Notice.

2. Heard both sides.

3. The learned counsel appearing for the writ petitioner submitted that the petitioner has given a representation to the respondents herein to 2/5

grant permission and protection to conduct Thirupali on 24.12.2023 at 1.30 p.m., and Mulaipari Uravalam and Silambatam on 25.12.2023 at 3.00 pm, in Muthalankurichi River, Susaiyappar Kovil Street, Keelanattarkulam Village, Vittilapuram Post, Srivaikundam Taluk, Thoothukudi District. So far it was not considered by them. Hence, the petitioner has come forward with this petition.

4. The learned Additional Public Prosecutor would submit that the second respondent is ready to grant permission for conducting the above said event.

5. In view of the submissions made on either side, the petitioner is directed to file undertaking affidavit before the second respondent to the effect that they will conduct the above said event in peaceful manner and on receipt of such undertaking, the second respondent is hereby directed to consider the representation of the writ petitioner dated 01.12.2023 and pass orders imposing necessary conditions, which are reasonable, depending upon the ground situation, 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.

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6. With the above said directions, this writ petition stands disposed of.

21.12.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 21.12.2023 pnn To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Srivaikundam Sub-Division, Thoothukudi District. 3.The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

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

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G.ILANGOVAN, J pnn Order made in Dated 21.12.2023 5/5