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Madras High CourtWP(MD)/4141/2018disposed of

K.Sivasubramaniaya Swamy, v. The Sub Inspector Of Police,

2018-02-28Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.4141 of 2018 K.Subramaniaya Swamy ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3.The Inspector of Police, Chinna Kovilankulam Police Station, Tirunelveli District.

4.The Sub-Inspector of Police, Chinna Kovilankulam Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the third and fourth respondents to grant permission to conduct the programme namely Villu Musical Programme with Mickshed in Arulmighu Sir Sivan Swamy - Sri Kallavandan Temple "Mandala Pooja" festival will be held on 05/03/2018 and 06/03/2018 in the petitioners village (Thalavaipuram village), Sankarankovil Taluk, Tirunelveli District on the basis of the petitioner's representation dated 19/02/2018. For Petitioner : Mr.S.Veluchamy For Respondents : Mr.B.Bhagavathi Government Advocate ***

O R D E R

This writ petition has been filed to direct the third and fourth respondents to grant permission to conduct the programme namely Villu Musical Programme with Mickshed in Arulmighu Sir Sivan Swamy - Sri Kallavandan Temple Mandala Pooja festival will be held on 05/03/2018 and 06/03/2018 in the petitioners village (Thalavaipuram village), Sankarankovil Taluk, Tirunelveli District, on the basis of the petitioner's representation dated 19/02/2018. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard, Mr.S.Veluchamy, learned counsel appearing for the

petitioner and Mr.B.Bhagavathi, learned Government Advocate, appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that the petitioner and his Village members have decided to conduct Villu Musical Programme with Mickshed in Arulmighu Sir Sivan Swamy - Sri Kallavandan Temple Mandala Pooja festival will be held on 05/03/2018 and 06/03/2018 in the petitioners village (Thalavaipuram village), Sankarankovil Taluk, Tirunelveli District. Hence, the petitioner gave a representation to the respondent, seeking permission and provide police protection, but, sofar, no order has been passed. Hence, he has filed the present writ petition.

4.The learned Government Advocate appearing for the respondents has submitted that there is a law and order problem and hence, the petitioner's representation is kept pending.

5.Considering the aforesaid submissions, the respondent is directed to consider the representation submitted by the petitioner, dated 19.02.2018 and dispose of the same at early. At the time of passing order, the respondent has to keep in mind the decision of the Hon'ble Supreme Court of India in the case of Church of God (Full Gospel) in India Vs. K.K.R, Majestic Colony Welfare Association and Ors, reported in 2001 - 1 - L.W. (Crl.) 233. 6.With the aforesaid observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3.The Inspector of Police, Chinna Kovilankulam Police Station, Tirunelveli District.

4.The Sub-Inspector of Police, Chinna Kovilankulam Police Station, Tirunelveli District.

+1cc to Mr.S.VELUCHAMY,Advocate,SR.51863 W.P.(MD) No.4141 of 2018 28.02.2018 cmr KK/SKN RSK/SAR 2/01.03.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/