Madras High Court
P.Suruliraj vs The Deputy Superintendent Of Police on 8 May, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD).No.11114 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.05.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD).No.11114 of 2024
P.Suruliraj ... Petitioner
Vs
1.The Deputy Superintendent of Police,
Theni Circle,
Theni District.
2.The Sub Inspector of Police,
Veerapandi Police Station,
Veerapandi,
Theni District.
3.The Assistant Election Officer,
33, Parliamentary Constituency,
200. Bodinayakkanoor Assembly Constituency,
Theni 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 3rd
respondent in Na.Ka.No.3949/2024/E1-174 dated 30.04.2024 and quash the
same as illegal and consecutively direct to 2nd respondent grant permission
and necessary protection to perform the cultural program (i.e) Adal Padal
dated 09.05.2024 and 10.05.2024 at 06.00 PM to 11.00 PM in the evening
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https://www.mhc.tn.gov.in/judis
W.P.(MD).No.11114 of 2024
of “Chiththirai Thiruvizha” at Arulmigu Sri Gowmariamman Thirukovil at
Uppukottai Village, Bodinayakkanoor Taluk, Theni District.
For Petitioner : Mr.K.Srinivasaragavan
For R-1 & R-2 : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
For R-3 : No appearance
ORDER
This Writ Petition is filed challenging the impugned order dated 30.04.2024 passed by the third respondent rejecting the petitioner's request for grant of permission to conduct Adal Padal programme on 09.05.2024 and 10.05.2024 at 6.00 PM to 11.05.2024 in the evening of “Chiththirai Thiruvizha” at Arulmigu Sri Gowmariamman Thirukovil at Uppukottai Village, Bodinayakkanoor Taluk, Theni District.
2. The learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to re-schedule the programme to another date.
3. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice on behalf of the respondents 1 and 2, on 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11114 of 2024 instructions, submits that since the code of conduct is in force due to the ensuing lok sabha election, the petitioner will have to give a fresh representation to the Assistant Election Officer/third respondent with regard to the request made by him for the conduct of the Adal Padal programme.
4. No prejudice would be caused to any of the parties, if the petitioner is allowed to give a fresh representation to the third respondent seeking permission to conduct Adal Padal programme at Arulmigu Sri Gowmariamman Thirukovil at Uppukottai Village, Bodinayakkanoor Taluk, Theni District, on different date than the one mentioned in the prayer of the Writ Petition and the third respondent is directed to consider the said representation on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as the rival claimants, if any, within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Writ Petition is disposed of by directing the petitioner to give a fresh representation to the third respondent requesting permission to conduct Adal Padal programme at Arulmigu Sri Gowmariamman Thirukovil at Uppukottai Village, Bodinayakkanoor Taluk, 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11114 of 2024 Theni District on a particular date and time within a period of three (3) days from the date of receipt of a copy of this order. On receipt of the said representation, the third respondent is directed to consider the same and pass final orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the rival claimants, if any, in the light of the directions issued by the Division Bench of this Court on 24.05.2023 in W.P.(MD).No.12535 of 2023 in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy and another, within a period of three (3) days thereafter. There shall be no order as to costs.
08.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No Lm Note: Issue order copy by 09.05.2024.
To
1.The Deputy Superintendent of Police, Theni Circle, Theni District.
2.The Sub Inspector of Police, Veerapandi Police Station, Veerapandi, Theni District.
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3.The Assistant Election Officer, 33, Parliamentary Constituency,
200. Bodinayakkanoor Assembly Constituency, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11114 of 2024 ABDUL QUDDHOSE, J.
Lm ORDER IN W.P.(MD).No.11114 of 2024 08.05.2024 6/6 https://www.mhc.tn.gov.in/judis