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Madras High CourtWP/4662/2021disposed of

Shanmugavadivel v. The Inspector Of Police

2021-02-25Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.4662 of 2021 M.Shanmugavadivel ... Petitioner Vs The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent authority to give permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Chandiranallur Village Arulmigu Sree Sakthi Mariamman Temple Festival at Nallampalli Taluk, Dharmapuri District on 02.03.2021 between 6.00 p.m. to 11.00p.m. by considering the petitioner's representation dated 19.02.2021.

For petitioner ...

Mr.A.Sathishkumar For Respondent ...

Mr.V.Shanmugha Sundar Special Government Pleader

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to give permission to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Chandiranallur Village Arulmigu Sree Sakthi Mariamman Temple Festival at Nallampalli Taluk, Dharmapuri District on 02.03.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 19.02.2021.

2. Mr.V.Shanmugha Sundar, learned Special Government Pleader accepts notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

3. According to the petitioner, he is a resident of the aforementioned area, where the subject temple is located. He

proposes to conduct a cultural programme (Adal Padal Nigalchi) at the aforementioned temple on 02.03.2021 between 06.00 p.m. and 11.00 p.m. He has given a representation to the respondent on 19.02.2021 seeking permission to conduct the cultural programme on 02.03.2021.

Since the respondent has not considered the petitioner's representation, the petitioner has approached this Court under Article 226 of the Constitution of India.

4. Heard Mr.A.Sathishkumar, learned counsel for the petitioner and Mr.V.Shanmugha Sundar, learned Special Government Pleader appearing for the respondent.

5. Mr.V.Shanmugha Sundar, learned Special Government Pleader appearing on behalf of the respondent, on instructions, would submit that the permission cannot be granted to the petitioner in view of the clashes that took place between two rival groups. According to him, the petitioner belongs to one of the said rival group.

6. Admittedly, the petitioner has given a representation on 19.02.2021 to the respondent seeking for permission to conduct cultural programme. No prejudice will be caused to the respondents, if the petitioner's representation is considered by the respondents on merits and in accordance with law. The festival is scheduled to take place on 02.03.2021. Hence, the petitioner's representation will have to be considered expeditiously before the scheduled date of the festival.

7. Accordingly, this Court directs the respondent to consider the petitioner's representation, dated 19.02.2021 seeking to conduct the cultural programme (Adal Padal Nigalchi) on the occasion of Chandiranallur Village Arulmigu Sree Sakthi Mariamman Temple Festival at Nallampalli Taluk, Dharmapuri District on 02.03.2021 between 6.00 p.m. to 11.00 p.m. and pass final orders on merits and in accordance with law on or before the scheduled date of the festival.

8. With the aforesaid direction, the Writ Petition is disposed of . No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi2

To 1.The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri District.

2. The Public Prosecutor High Court, Madras 104.

+1 Cc to Mr.A.Sathishkumar,advocate sr 11490. W.P. No.4662 of 2021 KJ(CO) SP(01/03/2021)