Madras High Court
Gurumban vs The Commissioner Of Police on 12 October, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
W.P(MD)No.24743 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2023
CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
W.P(MD)No.24743 of 2023
Gurumban ... Petitioner
Vs.
1.The Commissioner of Police,
Madurai City,
Madurai.
2.The Inspector of Police,
Sellur Police Station,
Madurai City,
Madurai. ... 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 2 nd
respondent, dated 08.10.2023 and quash the same and consequently
directing the 2nd respondent to give permission to the petitioner to
organize dance program (Madurai Kulunga Kulunga) on 15.10.2023
from 06.00 pm to 11.00 pm at Arulmigu Sri Muniyandi Sri Mariyamman
Temple.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.24743 of 2023
For Petitioner : Mr.N.Jeyam Sidharth
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This writ petitioner filed this Writ Petition challenging the rejection order passed by the 2nd respondent, dated 08.10.2023, consequently, seeking direction to the 2nd respondent to grant permission permission to the petitioner to organize dance program (Madurai Kulunga Kulunga) on 15.10.2023 from 06.00 p.m. to 11.00 p.m. at Arulmigu Sri Muniyandi Sri Mariyamman Temple.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
3.Heard both sides.
4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, Arulmigu Sri Muniyandi Sri Mariyamman Temple in his locality, is going to be held on 15.10.2023. Subsequent to the same, in order to conduct a cultural programme on 15.10.2023, they sought permission of the police by giving a 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.24743 of 2023 representation, dated 05.10.2023. But, the first 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 Additional Public Prosecutor would submit that the representation that was made by the petitioner came to be rejected by the competent authority, on the apprehension of creating law and order problem in that area. If any fresh representation is given by the petitioner, along with undertaking affidavit to the effect that the above said event will be held in peaceful manner, the same will be considered by the respondent police.
6.Accordingly, the petitioner is directed to file an undertaking affidavit along with fresh representation, before the first respondent, within a week from the date of receipt of a copy of this order, stating that he will comply all the conditions whatever imposed upon them to conduct the above said event in peaceful manner. On such filing of the undertaking affidavit and fresh representation, it may be considered by the second respondent favourably imposing reasonable conditions by following the order of the Hon'ble Division Bench of this Court passed in 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.24743 of 2023 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 impugned rejection order passed by the 2nd respondent, dated 08.10.2023, is hereby set aside.
12.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Sellur Police Station, Madurai City, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.24743 of 2023 G.ILANGOVAN, J TM Order made in W.P(MD)No.24743 of 2023 Dated : 12.10.2023 5/5 https://www.mhc.tn.gov.in/judis