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Madras High CourtWP/1755/2019dismissed

V.Murugesan v. The Superintedent Of Police,

2019-01-23Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2019

CORAM

HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No. 1755 of 2019 V.Murugesan .. Petitioner Vs.

1. The Superintendent of Police, Dharmapuri District, Dharmapuri.

2. The Inspector of Police, Krishnapuram Police Station, Dharmpuri District.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give permission to conduct the cultural programme on 25.01.2019 in the event of Sri Kamatchiamman Koil, V.Kollapatti, Nayakkan Kottai Post, Dharmapuri District 635 202 on the petitioner's representation dated 20.01.2019.

For Petitioner : Mr.R.Gopinath For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondent to give permission to conduct cultural programme which is scheduled to be held on 25.01.2019 in the event of Sri Kamatchiamman Koil, V.Kollapatti, Nayakkan Kottai Post, Dharmapuri District 635 202, based on the representation dated 20.01.2019.

2.

From the records available in the typed set of papers, it is seen that though the representation of the petitioner is dated 20.01.2019, it has been posted from G.P.O.Chennai on 21.01.2019 at 20:22hrs. On the next day (i.e) on 22.01.2019, https://hcservices.ecourts.gov.in/hcservices/

this Writ Petition has been filed and it is posted "for admission" today (i.e) on 23.01.2019. This seems to be the practice in these kinds of matters seeking permission to conduct cultural programme. When the festivals are definitely known to be conducted on a particular day of an year, the petitioner can approach the Court well in advance. Before approaching the Court seeking a mandamus, the petitioner should send a request very much in advance to the respondent authority and give them sufficient time to consider the representation. The representation sent by the petitioner would not have even reached the respondent to consider the same, before which, the Writ of Mandamus is filed. It is also easy for the petitioner to present the representation to the respondent in person and take an acknowledgment. Moreover, the petitioner is not a Temple, but only claiming to be an organiser of the Temple. Therefore, there is no bona-fide in his claim and it is only an abuse of process of law wasting the time of the Court and the same should be deprecated.

3.

In view of the above observations, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn To

1. The Superintendent of Police, Dharmapuri District, Dharmapuri.

2. The Inspector of Police, Krishnapuram Police Station, Dharmpuri District.

+1cc to the Government Pleader, S.R.No.6053 W.P.No. 1755 of 2019 MR(CO) GSP(15/02/2019) https://hcservices.ecourts.gov.in/hcservices/