Rajapandi v. The Deputy Superintendent of Police

ORDER This petition is filed challenging the order of the 1st respondent dated

15.09.2023 with a consequential direction to the respondent police to grant permission to perform the cultural programme (ie.,) Adal Padal on the eve of Arulmigu Pandeeswaran Temple, Usilampatti Village, Madurai District, which is to be held on 24.09.2023 from 07.00 p.m., to 10.00 p.m., based on the petitioner's representation in person on 15.09.2023.

2.It is submitted by the learned counsel for the petitioner that every year the villagers have been conducting the aadal paadal programme during the festival time of Arulmigu Pandeeswaran Temple, Usilampatti Village, Madurai District. This year also, the petitioner has made a representation to the respondent police to permit him to conduct the said programme. However, the police have declined to permit the petitioner by citing various reasons vide proceedings of the 1st respondent, which is under challenge in this Writ Petition. It is also submitted that there are no rival groups in the village, never any incident has happened and no case has been registered in respect of the issues of conducting of aadal paadal programme and that the police have mechanically rejected the request of the petitioner.

3.The learned Government Advocate (Crl.side) for the respondents, after taking instructions from the concerned police, has reported that the respondent police have no objection to grant the permission to the petitioner for conducting the Aadal Paadal programme on 24.09.2023 in connection with the Arulmigu Pandeeswaran Temple, Usilampatti Village, Madurai District.

4.Considering the circumstances, this Petition is disposed of directing the petitioner to approach the respondent police afresh by filing an application, on which, the respondent police are directed to discuss with the petitioner in respect of a neutral venue, where there may not be any issue in respect of conducting of aadal paadal programme on 24.09.2023. However, the petitioner shall restrict the aadal paadal programme from 07.00 pm., to 10.00 pm., only. Further, the police are hereby directed to impose the conditions subject to the guidelines issued vide proceedings in Rc.007301/Genl.I(1)/2019 dated

09.04.2019 in respect of maintaining the law and order while conducting the programme. No costs.

22.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva

DR.D.NAGARJUN, J. Yuva To

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Inspector of Police, Usilampatti Police Station, Madurai District.

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

22.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023 CORAM THE HONOURABLE DR.JUSTICE D.NAGARJUN Rajapandi ... Petitioner /vs./ 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Usilampatti, Madurai District. 2.The Inspector of Police, Usilampatti Police Station, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent in connection with the impugned rejection order passed by the him vide his proceedings in Na.Ka.No.147/Ka.Thu.Ka./Usilai/2023, dated 15.09.2023 and consequently, to direct the respondents to grant permission and necessary protection to perform the cultural programme (ie.,) Adal Padal on the eve of Arulmigu Pandeeswaran Temple, Usilampatti Village, Madurai District which is to be held on 24.09.2023 from 07.00 p.m., to 10.00 p.m., based on the petitioner's representation in person on 15.09.2023. For Petitioner : Mr.S.Naveenkumar For Respondents : Mr.SS.Madhavan, Government Advocate (Crl.side)