Urumaiya.R v. The Deputy Superintendent of Police

O R D E R This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent dated 06.06.2023 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (i.e) Adal Padal on 10.06.2023 at 07.00 p.m to 10.00 p.m in the evening of "Urchava Thiruvizha" at Arulmigu Sri Pidariamman Thirukovil at Perungalur Village, Pudukkottai District.

¶2Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents.

3.Heard both sides.

¶4The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Pidariamman Thirukovil'' at Perungalur Village, Pudukkottai District is going to be held on 10.06.2023. Subsequent to the same, in order to conduct a cultural programme on 10.06.2023, 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.

¶5Perusal of impugned order shows that if the Adal and Padal is conducted in the said village, it will create a law and order problem.

¶6The learned Government Advocate(Crl.Side) appearing for the respodnent police submitted that the respondent police is ready to consider the petitioner's representation, if the petitioner give a fresh representation by incorporating alternative place for conducting cultural programme.

¶7At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to give a fresh representation before the concerned respondent police by incorporating place.

¶8The petitioner is hereby directed to give fresh representation to the second respondent by incorporating place and on such representation, the second respondent is hereby directed to consider the same and pass orders immediately 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.

9.With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 06.06.2023 is hereby set aside.

08.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To

1.The Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai District.

2.The Sub-Inspector of Police, Athanakottai Police Station, Athanakottai, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN,J tta Dated : 08.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023 CORAM : THE HONOURABLE MR.JUSTICE G.ILANGOVAN R.Urumaiya ... Petitioner Vs. 1.The Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai District. 2.The Sub-Inspector of Police, Athanakottai Police Station, Athanakottai, Pudukkottai 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 pertaining to the impugned order passed by the second respondent dated 06.06.2023 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (i.e) Adal Padal on 10.06.2023 at 07.00 p.m to 10.00 p.m in the evening of "Urchava Thiruvizha" at Arulmigu Sri Pidariamman Thirukovil at Perungalur Village, Pudukkottai District. For Petitioner : Mr.K.Srinivasaragavan For Respondents : Mr.R.Suresh Kumar Government Advocate(Crl.Side)