P.Seemakalai 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 in Na.Ka. No.26/Ka.Aa.Thi.Tha.Va/2023 dated

07.10.2023 passed by the 2nd respondent and quash the same as illegal and consecutively grant permission and necessary protection to perform the cultural program (ie.,) Adal Padal on 11.10.2023 at 07.00 PM to

10.00 PM in the evening of Pongal Thiruvizha at Arulmigu Sri Muthuthalamman Thirukovil at Sandhaipatti Village, Vagurani, Thirumangalam Circle, Madurai District.

¶2Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.

¶3Heard both sides.

¶4The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, "Arulmigu Sri Muthuthalamman Thirukovil", is going to be held on 11.10.2023. Subsequent to the same, in order to conduct a cultural programme on that date, 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.

5.The learned Government Advocate (Crl. Side) would submit that citing that there is some possibility of law and order problem, in the village, proposed place where the above said event is going to be conducted, the above said representation was rejected by the order dated

07.10.2023. The counsel for the petitioner is ready to give fresh representation by mentioning place, time and date.

¶6Without assigning any reason, the petitioner's representation came to be rejected by order dated 07.10.2023 citing, the law and order issue. I find absolutely no ground mentioned in the rejection order. There shall be a direction to the petitioner to give fresh representation by mentioning the place, time and date. If such representation is made the same may be considered and pass orders by the second respondent forthwith 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 the rejection order that has been passed by the second respondent dated 07.10.2023, is hereby set aside.

11.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 11.10.2023 pnn To

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

2.The Inspector of Police, Thirumangalam Taluk Circle, Thirumangalam, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN, J pnn Dated : 11.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023 CORAM : THE HONOURABLE MR.JUSTICE G.ILANGOVAN P.Seemakalai ... Petitioner Vs. 1.The Deputy Superintendent of Police, Thirumangalam Circle, Madurai District. 2.The Inspector of Police, Thirumangalam Taluk Circle, Thirumangalam, 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 pertaining to the impugned order in Na.Ka. No. 26/Ka.Aa.Thi.Tha.Va/2023 dated 07.10.2023 passed by the 2nd respondent and quash the same as illegal and consecutively grant permission and necessary protection to perform the cultural program (ie.,) Adal Padal on 11.10.2023 at 07.00 PM to 10.00 PM in the evening of Pongal Thiruvizha at Arulmigu Sri Muthuthalamman Thirukovil at Sandhaipatti Village, Vagurani, Thirumangalam Circle, Madurai District. For Petitioner : Mr.S.Sasikumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor