Malaichamy v. The Superintendent of Police

O RDER

This Writ Petition is filed for a Writ of Certiorarified Mandamus, to quash the order passed by the 2nd respondent dated 12.08.2023 and for a direction to the 2nd respondent to grant necessary permission and provide adequate police protection for conducting Adal Padal program on 20.08.2023 at about 06.00 p.m to 10.30 p.m., as part of temple festival of Arulmigu Shri Selvavinayagar and Shri Kannayiramoorthi Ayyanar Temple function at Kanjiramputhur Village, Kalaiyarkovil Taluk, Sivagangai District, by considering the petitioner's representation dated 11.08.2023.

2.It is submitted by the learned counsel for the petitioner that the petitioner is the one of the Festival Committee members of the said temple. Every year they have been conducting festival in the said temple and this year also the elder members of the villagers have organized the temple festival. During the course of the festival, the Festival Committee has decided to conduct adal padal program on 20.08.2023 from 06.00 p.m., onwards, for which, a representation was also given to the respondent Police on 11.08.2023. However, the same was rejected by the 2nd respondent without any valid reason through the impugned order dated 12.08.2023.

3.The learned Government Advocate (Crl.Side) for the respondents submitted that in case if any fresh application is filed by the petitioner, the respondent Police would consider the same favorably by imposing certain conditions.

4.Considering the submissions made by both sides, this Writ Petition is disposed of, directing the petitioner to file a fresh application before the respondent Police, on which, the respondent Police are directed to grant necessary permission for conducting adal padal program on 20.08.2023 in connection with the temple festival of Arulmigu Shri Selvavinayagar and Shri Kannayiramoorthi Ayyanar Temple by imposing suitable conditions. Consequently, connected miscellaneous petition is closed.

18.08.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva Note: Issue order copy by today (18.08.2023) itself. DR.D.NAGARJUN. J. Yuva To

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

18.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD)No.16618 of 2023 Malaichamy ... Petitioner Vs. 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.42/R-1- PS/INS/SVG/2023, dated 12.08.2023 and quash the same as illegal and consequently, direct the 2nd respondent to grant necessary permission and provide adequate police protection for conducting the Adal Padal program on 20.08.2023 at about 06.00 p.m to 10.30 p.m., as part of temple festival of Arulmigu Shri Selvavinayagar and Shri Kannayiramoorthi Ayyanar Temple function at Kanjiramputhur Village, Kalaiyarkovil Taluk, Sivagangai District by considering the petitioner's representation dated 11.08.2023. For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)