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Madras High CourtWP/34618/2018disposed of

B.Ramesh Kumar v. The Superintendent Of Police

2019-01-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34618 of 2018 B.Rameshkumar ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Coimbatore.

2.The Inspector of Police, Aanaimalai Police Station, Vaalparai, Coimbatore - 642 104.

...Respondents

Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus and directing the second respondent to consider the representation dated 07.12.2018 after due discussion / consideration with the villagers of the petitioners within the stipulated period that may be fixed by this Hon'ble Court. For Petitioner : Mr.P.Tamila Vel For Respondents : Mr.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This writ petition has been filed seeking for a direction to the respondent police not to grant permission for conducting Pongal festival, since the same is causing a lot of law and order problem in the locality.

2. The learned counsel for the petitioner would submit that there are nearly 800 families residing in the village. When permission was granted in the year 2017, to conduct "Samathuva Pongal" in the village, the same resulted in a law and order problem and the cultural program was ultimately stopped by the intervention of the police. Therefore, the petitioner has given a representation dated 07.12.2018 to the respondent police not to grant permission for conducting any festival in the name of "Samathuva Pongal".

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3. The learned Additional Public Prosecutor on instructions, would submit that till now the respondent police have not received any request from any party to conduct the "Samathuva Pongal" festival. As and when any such request is made, the respondent police will consider the request only after taking into consideration the situation prevailing in the locality and the potential law and order problem, which it may create and only thereafter, a final decision will be taken in accordance with law.

4. In view of the specific stand taken by the respondent police, no further orders are required to be passed in this writ petition and the respondent police shall take a decision after hearing all the parties concerned and also after taking into consideration the situation prevailing in the locality, if and when a petition is filed for conducting any festival during the Pongal.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nmm/dss To 1.The Superintendent of Police, O/o. Superintendent of Police, Coimbatore.

2.The Inspector of Police, Aanaimalai Police Station, Vaalparai, Coimbatore - 642 104.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.P.Tamilavel, Advocate, S.R.No.1362 W.P.No.34618 of 2018 rrs 08/01/2019 https://hcservices.ecourts.gov.in/hcservices/