← Library
Madras High CourtWP/26105/2021disposed of

P.Karunakaran v. State Rep.By

2021-12-07Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.26105 of 2021 P.Karunakaran

...Petitioner

Versus

1. The Deputy Commissioner of Police Salem District Salem.

2. The Inspector of Police D-4, Steel Plant Police Station Steel Plant, Salem District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondent to grant permission to conduct the Pooja and procession during festival occasion with fireworks in the even of "Kaathu Poojai" festival @ Arulmigu Mannarsamy Pachaiamman Temple Mariyamman Kovil festival on 17.12.2021 at Pethampatti Village, Salem Taluk by considering the petitioner's representation dated 20.11.2021.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the respondent to grant permission to conduct Pooja and procession during festival occasion with fireworks in the event of "Kaathu Poojai" festival @ Arulmigu Mannarsamy Pachaiamman Temple Mariyamman Kovil festival on 17.12.2021 at Pethampatti Village, Salem Taluk by considering the petitioner's representation dated 20.11.2021.

2. It is the contention of the petitioner that he has given a representation dated 20.11.2021 to the Deputy Superintendent of Police, seeking permission to conduct "Kaathu Poojai" festival on 17.12.2021 at Pethampatti Village, Salem Taluk.

3. The learned counsel for the petitioner fairly submitted that the temple festival was taken over by the HR & CE https://hcservices.ecourts.gov.in/hcservices/

department and the same has been challenged in W.P.No.13642 of 2020 dated 25.09.2020.

4. The learned Additional Public Prosecutor submits that restriction was imposed by the Central Government and State Government with regard to conducting festival and gathering of people. The last SOP was issued on 01.01.2021 and it is in effect till this month. The pandemic is not over and still restrictions are imposed.

5. In view of the same, the Deputy Superintendent of Police, considering all these aspects, shall consider the petitioner's representation dated 20.11.2021, after issuing notice to the Assistant Commissioner, HR & CE Department, Salem.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dna To 1.The Deputy Commissioner of Police Salem District Salem.

2.The Inspector of Police D-4, Steel Plant Police Station Steel Plant, Salem District.

3.The Public Prosecutor, High Court, Madras.

Copy to 1.The Deputy Superintendant of Police, Salem.

2.The Assistant Commissioner, HR & CE Department, Salem.

+1cc to Mr.Camyles Gandhi, Advocate, S.R.No.64605 W.P.No.26105 of 2021 MG(CO) KKV/10/12/2021 https://hcservices.ecourts.gov.in/hcservices/