Madras High Court
K.Ayyavu vs The Superintendent Of Police on 17 October, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
W.P(MD)No.25191 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.10.2023
CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
W.P(MD)No.25191 of 2023
K.Ayyavu ... Petitioner
Vs.
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Inspector of Police,
Silaiman Police Station,
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 passed by the
2nd respondent in his proceedings No. Nil/2023 dated 13.10.2023 and
quash the same as illegal and consequently direct the respondents to
permit the petitioner to conduct Karakattam and Adal Padal Dance
Programme schedule to be held on 17.10.2023 and 18.10.2023 in the eve
of Arulmigu Malaikaruppanan Swamy Temple festival at
Keelavadakkoor Village, Sakkudi Post, Madurai District.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.25191 of 2023
For Petitioner : Mr.M.Manimuthu
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
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 passed by the 2nd respondent in his proceedings No. Nil/2023 dated 13.10.2023 and quash the same as illegal and consequently direct the respondents to permit the petitioner to conduct Karakattam and Adal Padal Dance Programme schedule to be held on 17.10.2023 and 18.10.2023 in the eve of Arulmigu Malaikaruppanan Swamy Temple festival at Keelavadakkoor Village, Sakkudi Post, Madurai District.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
3.Heard both sides.
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4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, “Arulmigu Malaikaruppanan Swamy Temple festival", is going to be held on 17.10.2023 and 18.10.2023. 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 13.10.2023. The counsel for the petitioner is ready to give fresh representation by mentioning place, time and date.
6. Without assigning any reason, the petitioner's representation came to be rejected by order dated 13.10.2023 citing, the law and order issue. I find absolutely no ground mentioned in the rejection order. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.25191 of 2023 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 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 13.10.2023, is hereby set aside.
17.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 17.10.2023 pnn 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.25191 of 2023 To
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Silaiman Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.25191 of 2023 G.ILANGOVAN, J pnn Order made in W.P(MD)No.25191 of 2023 Dated : 17.10.2023 6/6 https://www.mhc.tn.gov.in/judis