Thasarathan v. Superintendent of Police, Sivagangai
2022-06-28
V.SIVAGNANAM
body2022
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 26.06.2022 in Na.Ka.No.29/Kaa Thu.Ka/Siva.U.Koo/2022 by the second respondent and quash the same as illegal and consequential directing the respondents 1 to 3 to grant permission and protection for cultural dance program in Adal Padal on 28.06.2022 of Sri Balarudaiya Ayyanar Kovil situated at North Vivasanur Village, Ilayankudi Taluk, Sivagangai District.) 1. This Writ Petition has been filed by the petitioner challenging the impugned order passed by the second respondent in his proceedings vide Na.Ka.No.29/Kaa.Thu.Ka/Siva.U.Koo/2022, dated 26.06.2022 for conducting cultural program in the event of Kumbabishegam. Originally the event was fixed on yesterday ie., 27.06.2022. 2. The representation given by the petitioner was rejected on the same day. Thereafter, on 27.06.2022 the petitioner gave a fresh representation, since it has not been considered, the present Writ Petition has been filed. 3. Mr.M.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. 4. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) for the respondents submitted that if the petitioner gives an undertaking that there will not be any communal clash between the village people, they are ready to consider the representation. 5. Now, the learned counsel for the petitioner submitted that he is ready to give an undertaking and they will not create any problem. 6. I have considered the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondents. 7. It is noted that the second 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. 8. 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 26.06.2022 has become infructuous. 9. The learned counsel for the petitioner is ready to give a fresh representation and undertaking to conduct Aadal padal pragramme.
8. 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 26.06.2022 has become infructuous. 9. The learned counsel for the petitioner is ready to give a fresh representation and undertaking to conduct Aadal padal pragramme. If the petitioner gives a fresh representation to the respondent police, the third respondent is directed to consider the representation of the petitioner and pass suitable orders based on the above said circular. 10. With the above direction, this Writ Petition is disposed of. No costs.