V.K.Selvam, v. The Commissioner Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.12515 of 2016 1 V.K.Selvam ... Petitioner Vs.

1 The Commissioner of Chennai City Police #132, EVK Sampath Salai. Vepery Chennai.

2 The Commissioner Hindu Religious & Charitable Endowments 119, Uthamar Gandhi Salai Nungambakkam, Chennai.

3 The Inspector of Police P-5 Police Station Mahakavi Bharathiyar Nagar Central Vyasarpadi Chennai ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd respondent to consider petitioner's representation dated 10.03.2016 and order or direction to be permitted to conduct the temple cultural program without any violations adopted by the government in the nature of writ. For Petitioner :

Mr.A.Arasu Ganesan For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

The prayer in the writ petition is to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 10.03.2016 seeking permission to conduct the temple cultural program without any violations adopted by the Government.

2.

The case of the petitioner is that a temple, called Arulmigu Peelikan Munisavara Angala Eeswari Aalayam is situated

in Bakthavatchalam Colony, Vyasarpadi in Chennai. Every year, the area people celebrate the function in a grand manner, for which a committee will be constituted, consisting of members among the area people. Now the petitioner has been selected as the head of the committee for conducting festival peacefully. The petitioner has made several representations to the respondents for granting permission to conduct temple festival, scheduled to be held on 1.5.2016 and the area people are very much eager to conduct the same. One such representation dated 10.3.2016 sent by the petitioner is enclosed along with the typed set of papers. Since no fruitful action was taken up on the petitioner's representation, the petitioner was constrained to file this Writ Petition.

3. Today, when the matter is taken up, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader. who took notice for the respondents, submitted that pursuant to the objection raised by the Election Officer on account of Election scheduled to be held on 16.5.2016, the permission sought for by the petitioner was rejected. The learned Special Government Pleader has also produced a copy of the letter dated 23.3.2016 issued by the Executive officer and Administrative Officer, Arulmigu Peelikan Munisavara Angala Eeswari Aalayam, Chennai addressed to the Joint Commissioner, HR & CE Department, Chennai-34 stating that during the previous assembly election in the year 2011, the temple festival was conducted after the completion of election, i.e. from 27th May to June 7, and therefore it has been now decided to conduct temple festival, after the election is over. The learned Special Government Pleader further submitted that the petitioner would be given permission to conduct temple festival after May 19th of this year.

4. The submission made by the learned Special Government Pleader is recorded. In view of the same, this Court is not inclined to give any direction sought for by the petitioner. However, the petitioner shall approach the concerned authority for conducting temple festival, after 19th May, 2016.

5. With the above direction, this writ petition is disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ajr

To 1 The Commissioner of Chennai City Police #132, EVK Sampath Salai. Vepery Chennai.

2 The Commissioner Hindu Religious & Charitable Endowments 119, Uthamar Gandhi Salai Nungambakkam, Chennai.

3 The Inspector of Police P-5 Police Station Mahakavi Bharathiyar Nagar Central Vyasarpadi Chennai +1 cc to Government Pleader sr.21262 +1 cc to Mr.A.Arasu Ganesan Advocate sr.21559 W.P.No.12515 of 2016 aa13/04/2016