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 records pertaining to the impugned order passed by the second respondent dated 31.05.2023 in Na.Ka.No.10/C/Pu.Ka.Nee.2023 and quash the same as direct the second respondent to grant permission and necessary protection to perform the cultural programe (i.e) Adal Padal on 09.06.2023 at 07.00 p.m to 10.00 p.m in the evening of “Arul Migu Kundurvalantha Pidari Amman Thirukovil Pongal Thiruvila” at Mellapatti Village, Singampunari Taluk, Sivagangai District.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order passed by the second respondent dated 31.05.2023 in Na.Ka.No.10/C/Pu.Ka.Nee.2023 and quash the same as direct the second respondent to grant permission and necessary protection to perform the cultural programe (i.e) Adal Padal on 09.06.2023 at 07.00 p.m to 10.00 p.m in the evening of “Arul Migu Kundurvalantha Pidari Amman Thirukovil Pongal Thiruvila” at Mellapatti Village, Singampunari Taluk, Sivagangai District.

2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents.

3. Heard both sides.

4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, “Arul Migu Kundurvalantha Pidari Amman Thirukovil Pongal Thiruvila” at Mellapatti Village, Singampunari Taluk, Sivagangai District, is going to be held on 09.06.2023. Subsequent to the same, in order to conduct a cultural programme on 09.06.2023, they sought permission of the police by giving a representation. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.

5. Perusal of impugned order shows that citing some law and order issue in the nearby village, the representation that was made by the petitioner has been rejected. The respondent is present and stating that because of some rivalry between the two groups, FIR in Crime No.75 of 2022 has been registered and also stated that if permission is granted, it will create a law and order problem.

6. The petitioner is hereby directed to give fresh representation to the second respondent, with an undertaking affidavit ensuring that no law and order problem is created, within a period of one week from the date of receipt of a copy of this order. Based upon the above said undertaking affidavit, the representation shall be disposed of imposing stringent conditions immediately following the order following the order of the Hon''ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy District and another, in W.P.(MD).No.12535 of 2023, dated 24.05.2023 and in the light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019.

7. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 25.05.2023 vide his proceedings in Na.Ka.17/Gudalur North Police Station/2023 is hereby set aside.