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Kombaya Pandian v/s The Superintendent of Police, Thoothukudi & Another

    W. P(MD)No. 16700 of 2022

    Decided On, 28 July 2022

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE V. SIVAGNANAM

    For the Petitioner: R.L. Dhilipan Pandian, Advocate. For the Respondents: M. Sakthi Kumar, Government Advocate (crl.side).



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.60/Mic/Ko.Me.Ka/2022 dated 01.07.2022 and quash the same as illegal, consequently directing the Respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 07.08.2022 from 7.00 pm in connection with Thiru Vizha of Arulmigu Sri Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil situated at Veeravaanchi Nagar, Kovilpatti, Thoothukudi District)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.60/Mic/Ko.Me.Ka/2022 dated 01.07.2022 and quash the same as illegal, consequently directing the Respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 07.08.2022 from 7.00 pm in connection with Thiru Vizha of Arulmigu Sri Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil situated at Veeravaanchi Nagar, Kovilpatti, Thoothukudi District

2. Mr.R.Sakthi kumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that on the representation given by petitioner, the respondent police had given permission to conduct only the temple festival and the permission for conducting adal padal program was rejected. He would further submit that the petitioner is ready to file an undertaking affidavit that he will not indulge in any illegal activities while conducting the festival.

4. The learned Government Advocate (criminal side) appearing for the respondent police would submit that the second respondent police has rightly rejected the representation of the petitioner and hence, he prays for dismissal of this writ petition.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondents police.

6. It is noted that the third respondent police without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 passed the impugned order.

7. In view of the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, the impugned order passed by the second respondent dated 01.07.2022 is hereby set aside.

8. The learned counsel for the petitioner is ready to give a fresh representation along with undertaking affidavit to c

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onduct Aadal padal pragramme. If the petitioner gives a fresh representation, the second respondent is directed to consider the representation of the petitioner and pass suitable orders based on the above said circular on or before 04.08.2022 9. With the above direction, this writ petition is disposed of. No costs.
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