Madras High Court
K.Ranjith Kumar vs / on 20 March, 2024
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
WP(MD) No.6789 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD) No.6789 of 2024
K.Ranjith Kumar ... Petitioner
/vs./
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Inspector of Police,
Peraiyur Police Circle (Sedapatti Police Station),
Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the entire records
relating to the impugned order passed by the second respondent in his
proceedings e.f.vz;.06/ngiua{h;-fhty; tl;lk;/2024 dated 08.03.2024 and
quash the same as illegal and unconstitutional and consequently direct the
second respondent to grant permission and protection for cultural event namely
Aadal Paadal scheduled to be held on 22.03.2024 at about 7.00 p.m to 10.00
p.m in connection with Panguni Festival of Arulmigu Sri Dharmapandeeswarar
Temple at Kammalapatti Village, Peraiyur Taluk, Madurai District by
considering the Petitioner's representation dated 08.03.2024.
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WP(MD) No.6789 of 2024
For Petitioner : Mr.M.Karunanithi
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
ORDER
The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition to quash the order dated 08.03.2024, passed by the second respondent and with a consequential direction to the Respondents for granting Permission and necessary protection for cultural event namely Aadal Paadal scheduled to be held on 22.03.2024 at about 7.00 p.m to 10.00 p.m in connection with Panguni Festival of Arulmigu Sri Dharmapandeeswarar Temple at Kammalapatti Village, Peraiyur Taluk, Madurai District by considering the Petitioner's representation dated 08.03.2024.
2. It is the further contention of the learned Counsel for the Petitioner that the representation of the Petitioner dated 08.03.2024 was rejected by the second Respondent on the same day. Having no other way, the Petitioner approached this Court by way of filing this petition.
3. The learned Government Advocate (Criminal Side) on instructions from the Respondents would submit that the Respondent Police rejected the 2/6 https://www.mhc.tn.gov.in/judis WP(MD) No.6789 of 2024 representation of the Petitioner on the ground that Lok Sabha election has been declared and the election process has been commenced. Also, the place chosen to conduct the event is congested one. Therefore, the organizers of the event shall obtain necessary permission regarding cultural event, from the Executive Magistrate of the area concerned, without which the Respondents cannot grant permission. Since the Election Code of Conduct has come into force, it is essential for the Petitioner to get permission from the Executive Magistrate concerned.
4. Considering the submissions of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), the Petitioner is directed to give a fresh representation by today itself (20.03.2024) before the Tahsildar concerned, since the Executive Magistrate are busy with the election related activities and the Deputy Tahsildar concerned also granted powers during the election time. On receipt of such representation, either the Tahsildar or the Deputy Tahsildar of the area concerned shall pass appropriate orders, considering the right of the Petitioner to hold the event as well as the peaceful atmosphere prevailing in the Village, with regard to the Adal Padal dance program in connection with Panguni Thiruvizha at Arulmigu Sri 3/6 https://www.mhc.tn.gov.in/judis WP(MD) No.6789 of 2024 Dharmapandeeswarar Temple at Kammalapatti Village, Peraiyur Taluk, Madurai District scheduled to be held on 22.03.2024 at about 7.00 p.m to 10.00 p.m. In the event of granting permission, the Petitioner / organizers of the event shall give an undertaking that not to put up any flex boards praising any religious or communal leaders provoking any communal tensions in the programme. It is made clear that the program shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. The organizers of the event shall give an undertaking to that effect to the Executive Magistrate concerned and also to the Respondents. Also, the Petitioner shall pay appropriate charges as per the circular of the Director General of Police, Tamil Nadu / Head of State Police Force, Tamil Nadu, regarding deployment of Police personnel for Police protection.
5. With the above direction, this Writ Petition is disposed of. No costs.
20.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Nsr
Note: Issue Order Copy on 20.03.2024.
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WP(MD) No.6789 of 2024
TO:
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Inspector of Police,
Peraiyur Police Circle (Sedapatti Police Station), Madurai District.
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Nsr Order made in W.P.(MD)No.6789 of 2024 Dated:
20.03.2024 6/6 https://www.mhc.tn.gov.in/judis