Madras High Court
M.Rajkumar vs / on 21 March, 2024
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
WP(MD) No.7035 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD) No.7035 of 2024
and
W.M.P.(MD).No.6522 of 2024
M.Rajkumar ... Petitioner
/vs./
1.The Superintendent of Police,
Theni District.
2.The Deputy Superintendent of Police,
Theni District.
3.The Tahsildar,
Uthamapalayam Taluk,
Theni District.
4.The Inspector of Police, (Incharge),
Uthamapalayam Police Circle,
All Women Police Station,
Uthamapalayam,
Theni District. ... Respondents
(R-1 to R-3 are suo motu impleaded and the rank of R-4 is rearranged vide
order dated 21.03.2024 in W.P.(MD).No.7035 of 2024)
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WP(MD) No.7035 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records of the
impugned order passed by the Respondent in his proceeding No. Nil dated
17.03.2024 and quash the same as illegal and further directing the Respondent
to grant permission and give police protection to conduct the programs Aadal
Padal Programme dance program on 22.03.2024 and 23.03.2024 at about
7.00 pm in pursuance to the festival of Arulmigu Sri Ayyanar and
Sri Mahakaliyamman Kovil, Kokilapuram Village, Uthamapalayam Taluk,
Theni District.
For Petitioner : Mr.C.Mayilvahana Rajendran
For Respondent : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
ORDER
The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition to quash the order dated 17.03.2024 passed by the Respondent with a consequential direction to the Respondent for granting permission and give police protection to conduct the programs Aadal Padal Programme dance program on 22.03.2024 and 23.03.2024 at about 7.00 pm in pursuance to the festival of Arulmigu Sri Ayyanar and Sri Mahakaliyamman Kovil, Kokilapuram Village, Uthamapalayam Taluk, Theni District.
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2. It is the further contention of the learned Counsel for the Petitioner that the representation of the Petitioner was rejected on the ground that the village is a blacklisted village and there are possibilities of breach of peace due to communal riots and the model code of conduct regarding Lok Sabha election, which is in force. He further submits that the Petitioner undertakes to abide by the model code of conduct regarding election.
3. The learned Government Advocate (Criminal Side) on instructions from the Respondents would submit that the Petitioner's representation was rejected the representation of the Petitioner was rejected in the due of the Lok Sabha election. He further submits that the Petitioner has to give a fresh representation to the Tahsildar, Uthamapalayam Taluk and also to the higher officials of the District today itself and on such fresh representation, the Respondent officials are undertake to follow the circular issued by the Director General of Police, Tamil Nadu/Head of State Police Force, Tamil Nadu. He also seeks payment of appropriate fee for providing Police protection.
4. Considering the submissions made by the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), this Court suo motu impleads the Superintendent of Police, Theni District as 1st https://www.mhc.tn.gov.in/judis 3/7 WP(MD) No.7035 of 2024 Respondent, the Deputy Superintendent of Police, Theni District as 2 nd Respondent and the Tahsildar, Uthamapalayam Taluk, Theni District as 3rd Respondent in this Writ Petition.
5. In the light of the submissions of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), this Court is inclined to issue following directions:
(i) The Petitioner is directed to give a fresh representation by today itself (21.03.2024) to the Respondents.
(ii) On receipt of such representation, the Respondent Police shall consider the same in favour of the Petitioner, as per the circular of the Director General of Police, Tamil Nadu / Head of State Police Force.
(iii) The Tahsildar concerned is within his/her powers to impose conditions.
The Respondent Police are within their powers to impose restrictions as per the circular of Director General of Police , Tamil Nadu regarding Temple festival and cultural events.
(iv) Each of the members of the organizing committee shall give an undertaking that they will abide by the aforesaid circular and also the conditions imposed by the Tahsildar/Executive Magistrate. Since the Election Code of Conduct has come into force, it is essential for the Petitioner to get permission from the https://www.mhc.tn.gov.in/judis 4/7 WP(MD) No.7035 of 2024 Executive Magistrate concerned.
(v) Considering the present situation, the Petitioner/organizers of the event are directed not to put up any flex boards praising any religious or communal leaders provoking any communal tensions in the programme.
(vi) The organizers of the event shall also engage youth of the village as volunteers to maintain peace during cultural events.
(vii) If there are any violation in the conditions imposed by the official Respondents while granting permission, the official Respondents are within their power to stop the events / programme.
(viii) Also, the organizers of the event shall pay appropriate charges as per the circular of the Director General of Police, Tamil Nadu / Head of State Police Force, Tamil Nadu, regarding deployment of Police personnel for Police protection.
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
21.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
Nsr
Note: Issue Order Copy on 21.03.2024.
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WP(MD) No.7035 of 2024
TO:
1.The Superintendent of Police,
Theni District.
2.The Deputy Superintendent of Police,
Theni District.
3.The Tahsildar,
Uthamapalayam Taluk,
Theni District.
4.The Inspector of Police, (Incharge),
Uthamapalayam Police Circle,
All Women Police Station,
Uthamapalayam,
Theni District.
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WP(MD) No.7035 of 2024
SATHI KUMAR SUKUMARA KURUP, J.
Nsr
Order made in
W.P.(MD)No.7035 of 2024
Dated:
21.03.2024
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