Madras High CourtWP(MD)/3641/2020disposed of

Ellaiah v. The Superintendent Of Police

2020-02-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

W.P.(MD)No.3641 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.02.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No.3641 of 2020 Ellaiah ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police Dindigul Taluk Police Station, Dindigul.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents 1 and 2 to give permission and adequate protection for conduct of temple festival on 07.04.2020 to 09.04.2020 and conduct Valli Thirumanam Drama on 08.04.2020 in the eve of Panguni Festival in front of Sri Kaliyamman and Sri Bagavathiyamman Temples, Mottanampatti Village, Dindigul East Taluk, Dindigul District and consider the petitioner's representation, dated 07.02.2020.

For Petitioner : Mr.K.Arunraj For Respondents : Mrs. S.Bharathi Government Advocate(Crl.Side)

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself. 2.The grievance of the petitioner is that the petitioner had sent a representation on 07.02.2020 to the respondents 1 and 2 seeking to give permission and adequate protection for conducting the temple festival on 07.04.2020 to 09.04.2020 and conduct Valli Thirumanam Drama on 08.04.2020 in the eve of Panguni Festival in front of Sri Kaliyamman and Sri Bagavathiyamman Temples, Mottanampatti Village, Dindigul East Taluk, Dindigul District. Since the same has not been considered by the respondents till date, he has filed the present writ petition.

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W.P.(MD)No.3641 of 2020 3.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 4.In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the respondents to consider the representation of the petitioner, dated 07.02.2020 and pass orders on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police Dindigul Taluk Police Station, Dindigul.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-8227[F] dated 25/02/2020 ) W.P.(MD)No.3641 of 2020 24.02.2020 JMN(05.03.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2