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Madras High CourtWP/12386/2015disposed of

Mani @ Natchimuthu, v. The Inspector Of Police,

2015-04-24Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 24.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12386 of 2015 Mani @ Natchimuthu .. Petitioner

Versus

The Inspector of Police, Oothiyur Police Station, Oothiyur, Tirupur District.

.. Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to consider and pass orders on the representation of the petitioner dated 22.04.2015, so as to enable the petitioner to conduct the Aadal Paadal Dance programme scheduled to be held on 29.04.2015 at Kungaru Palayam, Tirupur District. For Petitioner : Mr.P.Kannan Kumar For Respondent : Mr.M.Dig Vijaya Pandian Additional Government Pleader.

O R D E R

By consent, the main writ petition is taken up for final disposal.

2. The petitioner claims to be the Co-ordinator of Village Committee which organizes temple festivals for Arulmigu Maariamman and Maakaaliamman temple located at Kungaru Palayam Village, Tirupur District and in respect of the festival to be conducted between 23.04.2015 and 29.04.2015, they submitted an application dated 22.04.2015, praying for permission to conduct song and dance programme and since, no orders came to be passed on the said application, came forward to file this writ petition.

3. Learned counsel appearing for the petitioner on instructions would submit that in the event of granting permission to conduct song and dance programme, there will not be any law and order problem, obscenity or vulgarity and hence there

may not be any impediment on the part of the respondent, to pass orders permitting to conduct the said programme.

4. This Court heard the submissions of Mr.Dig Vijaya Pandian, learned Additional Government Pleader, who accepts notice for the respondent and would submit that the respondent police is under the genuine impression that in the event of granting permission to conduct song and dance programme, there is likelihood of law and order problem and obscenity and vulgarity will be depicted in the said programme.

5. This Court has carefully considered the rival contentions and perused the materials placed before it.

6. The fact remains that the application was submitted only on 22.04.2015 and the petitioner has immediately rushed to the Court and filed this writ petition on the very same day of the submission of the above application. However, taking into consideration the above said submission made by the learned counsel appearing for the petitioner on instructions, this Court, without going into the merits of the application/representation, directs the respondent to consider and dispose of the application/representation dated 22.04.2015, submitted by the petitioner, on merits and in accordance with law and pass orders within a period of one week from the date of receipt of a copy of this order and it is also open to the petitioner to submit one more representation indicating the date of conducting of the said programme on any other day and the respondent shall also consider the same and pass orders forthwith and inform the decision taken to the petitioner.

7. The writ petition is disposed of, accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ars

To The Inspector of Police, Oothiyur Police Station, Oothiyur, Tirupur District.

1 cc to Mr.P. Kannan Kumar, Advocate, Sr. 22813 1 cc to Government Pleader, Sr. 22893 W.P.No.12386 of 2015 NM (CO) kk 30/4