Madras High Court
S.Kesavan vs The Inspector Of Police on 9 May, 2023
W.P.No.13304 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.05.2023
CORAM
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
W.P.No.13304 of 2024
and WMP.No.14454 of 2024
S.Kesavan ... Petitioner
-vs-
The Inspector of Police,
Valathi Police Station,
Valathi, Melmalaiyanoor Taluk,
Villupuram District. ... Respondent
PRAYER : Writ Petition filed under Article 226 of Constitution of India,
pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the
proceedings of the respondent police dated 29.04.2024 in Na.Ka.No.05/ins
valathi/Genl/2024 and quash the same and directing the respondent to give
permission for conducting music and dance programme during the festival time
on 18.05.2024 at night hours.
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https://www.mhc.tn.gov.in/judis
W.P.No.13304 of 2024
For Petitioner : Mr.P.Sivamani
For Respondent : Mr.L.Baskaran
Government Advocate (Criminal Side)
***********
ORDER
This Writ Petition is filed to quash the proceedings of the respondent police dated 29.04.2024 in Na.Ka.No.05/ins valathi/Genl/2024 and quash the same and directing the respondent to give permission for conducting music and dance programme during the festival time on 18.05.2024.
2. The writ petition is challenging the rejection of the petitioner's request to conduct the temple festival. The reason given by the respondent in the order before this Court is the model code of conduct, in view of the general parliamentary election.
3. This Court has taken note of the fact that the election has been completed and the polling is already over. Further such reasons cannot be 2/4 https://www.mhc.tn.gov.in/judis W.P.No.13304 of 2024 accepted for conducting the temple festival.
4. In such view of the matter, the order passed by such Court is set aside and the respondent police is directed to grant police protection for conducting dance and music in accordance with law.
6. With the above said direction, this writ petition is allowed. No costs.
Consequently, the connected miscellaneous petition is closed.
09.05.2024 Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No drl 3/4 https://www.mhc.tn.gov.in/judis W.P.No.13304 of 2024 K.KUMARESH BABU drl To
1.The Inspector of Police, Valathi Police Station, Valathi, Melmalaiyanoor Taluk, Villupuram District.
2.The Public Prosecutor, Madras High Court.
W.P.No.13304 of 202409.05.2024 4/4 https://www.mhc.tn.gov.in/judis