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2023 DIGILAW 2178 (MAD)

M. Karthikeyan v. Inspector of Police, Erode

2023-06-30

G.CHANDRASEKHARAN

body2023
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records on the file of he respondent impugned order dated 27.06.2023 in Na.Ka.No.26/F1PS/E/2023 and quash the same and consequently direct the respondent to issue the police protection and permission to conducting the cultural program and Adal Padal in the event of Sri Bhagavathi Amman Temple Chennasamuthiram Village, Kodumudi Taluk, Erode District.) This Writ Petition has been filed calling for the records on the file of he respondent impugned order dated 27.06.2023 in Na.Ka.No.26/F1PS/E/2023 and quash the same and consequently direct the respondent to issue the police protection and permission to conducting the cultural program and Adal Padal in the event of Sri Bhagavathi Amman Temple Chennasamuthiram Village, Kodumudi Taluk, Erode District. 2. The learned counsel for the petitioner submitted that, petitioner gave a representation dated 27.06.2023 seeking permission to conduct Adal Padal in the event of Sri Bhagavathi Amman Temple Chennasamuthiram Village, Kodumudi Taluk, Erode District on 30.06.2023. However, the representation was rejected. Therefore, present petition is filed. 3. In response, learned Government Advocate (Crl. Side) submitted that, representation was rejected on the grounds that, obscene dance and songs will be performed/played and it will spoil the minds of the students and youths, participants would come under the inflence of alcohol. There may be a possibility of law and order problem for the reason that, if any reference is made on the community, caste and others. 4. Considered the rival submissions and perused the records. It is seen from the proceedings dated 27.06.2023 in Na.Ka.No.26/F1PS/E/2023, that permission was rejected on the following reasons: 5. It is seen from the submission of the learned counsel for the petitioner that the Adal Padal event is conducted during the temple festival at Sri Bhagavathi Amman Temple Chennasamuthiram Village, Kodumudi Taluk, Erode District for the past 5 years and so far no law and order problem was reported. It appears no criminal case has been registered in connection with law and order problem during the temple festival in past years. It appears no criminal case has been registered in connection with law and order problem during the temple festival in past years. Therefore, on the mere apprehension that if the permission is granted for conducting Adal Padal event, it would create law and order issue: any obscene dance and songs will be performed and that participants would come under the influence of alcohol, are not grounds for rejecting the permission, without any substantiating material. No substantiating material is available to justify the respondent''s apprehension. Therefore, the order dated 27.06.2023 passed by the respondent is hereby set aside. The respondent is directed to give permission for conducting Adal Padal event of Sri Bhagavathi Amman Temple Chennasamuthiram Village, Kodumudi Taluk, Erode District on 30.06.2023 between 06.00 pm and 11.00 pm, with necessary conditions mentioned in the Circular Memorandum issued by Director General of Police, Tamil Nadu, Chennai, in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 and Rc.03316/General.I(1)/2023, dated 01.06.2023. 6. With the above directions, this Writ Petition is disposed of. No costs.