Citation : 2025 Latest Caselaw 6151 Mad
Judgement Date : 17 April, 2025
W.P(MD)No.10594 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2025
CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL
W.P(MD)No.10594 of 2025
P.Chelladurai ... Petitioner
Vs.
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Deputy Superintendent Of Police,
Madurai District,
Madurai.
3.The Inspector of Police,
Melur Police Station,
Madurai District. ... Respondents
PRAYER:Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to give permission for the usage of mike set to the annual
temple festival of Arulmigu Sri Nagammal Temple, schedule to be
performed from 28.04.2025 to 13.05.2025 and give adequate police
protection to the connected events scheduled to be held on 29.04.2025
Kappu Kattuthal, on 11.05.2025 Kabadi Tournament and on 13.05.2025
Folk Cultural Programme at Kuthappanpatty Village, Melur Taluk,
Madurai District by considering the petitioner's representation dated
22.03.2025.
1/6
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W.P(MD)No.10594 of 2025
For Petitioner : Mr.M.Karthikeya Venkitachalapathy
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This writ petition has been filed seeking a direction to the
respondents to grant permission for usage of mike set to the festival of
Arulmigu Sri Nagammal Temple and provide adequate police protection
for the events of Kappu Kattuthal on 29.04.2025, Kabadi Tournament on
11.05.2025 and Folk Cultural Programme on 13.05.2025 at
Kuthappanpatty Village, Melur Taluk, Madurai District, by considering
the petitioner's representation, dated 22.03.2025.
2. According to the petitioner, the present Administrator of the
Arulmigu Nagammal Temple at Kuthappanpatty Village, Melur Taluk,
Madurai District and the village people decided to conduct festival for
the said temple from 29.04.2025 to 14.05.2025. While so, they
approached the third respondent for permission to conduct festival,
kabadi tournament and cultural program, no orders were passed by the
third respondent. However, after filing of this petition, they served a copy
on 15.04.2025 by rejecting the petitioner's request. The reason stated by
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the third respondent is that only on assumption and without valid
reasons, they rejected the petitioner's request. The permission has to be
granted to the petitioner for conducting the festival, kabadi tournament
and cultural program.
3. The learned Additional Public Prosecutor appearing for the
respondents would submit that the petitioner sent a representation, dated
22.03.2025 for conducting the festival, kabadi tournament and cultural
program and the same was declined through order, dated 15.04.2025 by
assigning reasons. Therefore, the petition is liable to be dismissed.
4. This Court heard both sides and perused the records.
5. The villagers decided to conduct festival and they sent a
representation, dated 22.03.2025 for granting permission to conduct
festival, kabadi tournament and cultural program and the same was also
not considered within seven days. The rejection order was passed on
15.04.2025 that too after filing of this petition. The attitude of the
respondents is not appreciable. As per the judgment of the Division
Bench of this Court, as far as the cultural programs are concerned, if the
respondent police are not considered the representation within 7 days
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from the date of receipt of a copy of the representation, it is deemed to be
permitted. In this case, since the order was passed on 15.04.2025 after
the lapse of 7 days, it is deemed to be permitted. Therefore, the order
passed by the Sub Inspector of Police, B1 Melur Police Station is not in
accordance with law.
6. Therefore, this Court directs the third respondent to impose
appropriate conditions for conducting festival and other events
mentioned in the representation of the petitioner. The respondents also
directed to provide adequate police protection and monitor the entire
events.
7. With the above said observations and directions, this writ
petition is disposed of. No costs.
17.04.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
SN
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To
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Deputy Superintendent Of Police,
Madurai District,
Madurai.
3.The Inspector of Police,
Melur Police Station,
Madurai District.
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P.DHANABAL, J.
SN
17.04.2025
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