Madras High Court
Ramasamy vs The Superintendent Of Police on 8 May, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD).No.11115 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.11115 of 2024
Ramasamy ... Petitioner
Vs
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The State represented by it's,
The Inspector of Police,
Peraiyur Police Station,
Peraiyur,
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, to call
for the records pertaining to the impugned order passed by the second
respondent vide his proceedings in Na.Ka.No.18/Peraiyur – Kaval
Vattam/2024 dated 22.04.2024 and quash the same as illegal consequently,
direct the second respondent to permit him to conduct Adal Padal dance
program on 17.05.2024 during the temple festival of Arulmigu Sree.
Kaliyamman temple festival at P.Subbulapuram, Peraiyur Taluk, Madurai
District.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.11115 of 2024
For Petitioner : Mr.T.Vadivelan
For Respondents : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
This Writ Petition is filed challenging the impugned order dated 22.04.2024 passed by the second respondent rejecting the petitioner's request for grant of permission to conduct Adal Padal programme on 17.05.2024 during the temple festival of Arulmigu Sree Kaliyamman temple at P.Subbulapuram, Peraiyur Taluk, Madurai District.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice on behalf of the respondents, on 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 Returning Officer, Madurai with regard to the request made by him for conducting the Adal Padal programme.
3. The learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to approach the Assistant Returning 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11115 of 2024 Officer, Madurai to enable the petitioner to get permission for conducting the Adal Padal programme.
4. No prejudice will be caused to any of the parties, if the petitioner is allowed to give a fresh representation to the Assistant Returning Officer, Madurai seeking permission to conduct the Adal Padal programme during the temple festival on 17.05.2024 and the Assistant Returning Officer, Madurai 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 Assistant Returning Officer, Madurai requesting permission to conduct Adal Padal programme on 17.05.2024 during the temple festival of Arulmigu Sree Kaliyamman temple at P.Subbulapuram, Peraiyur Taluk, Madurai District, 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 Assistant Returning 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11115 of 2024 Officer, Madurai 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 To
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.
3.The Assistant Returning Officer, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11115 of 2024 ABDUL QUDDHOSE, J.
Lm ORDER IN W.P.(MD).No.11115 of 2024 08.05.2024 5/5 https://www.mhc.tn.gov.in/judis