Madras High CourtWP(MD)/5426/2018disposed of

Macha Kalai, S/O.Mani v. The Superintendent Of Police

2018-03-14Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2018

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM W.P.(MD)No.5426 of 2018 (Criminal) Macha Kalai ... Petitioner Vs.

1.The Superintendent of police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to grant permission and protection for cultural event namely Aadalpadal scheduled to be held on 28.03.2018 at night in connection with ''Pankuni Festival" in Arulmigu Sri Manthaiamman Temple at East Street, Chinnadevan Patti, Vadaveeranayakan Patti Village, Kunnur Post, Theni Taluk, Theni District by considering the petitioner's representation dated 01.03.2018. For Petitioner : Mr.J.M.Jaya Karthick For Respondents : Mr.B.Bhagawathi, Government Advocate.

O R D E R

This writ petition has been filed to direct the second respondent to grant permission to perform cultural event namely "Aadal Padal" scheduled to be held on 28.03.2018 at night in connection with ''Pankuni Festival" in Arulmigu Sri Manthaiamman Temple at East Street, Chinnadevan Patti, Vadaveeranayakan Patti Village, Kunnur Post, Theni Taluk, Theni District as per the petitioner's representation dated 01.03.2018. 2.Heard, Mr.J.M.Jaya Karthick, learned counsel appearing for the petitioner and Mr.B.Bhagawathi, learned Government Advocate, appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that the petitioner is the member of committee of aforesaid temple. The villagers are conducting Adal Padal on on https://hcservices.ecourts.gov.in/hcservices/

28.03.2018 at night in connection with ''Pankuni Festival" in Arulmigu Sri Manthaiamman Temple at East Street, Chinnadevan Patti, Vadaveeranayakan Patti Village, Kunnur Post, Theni Taluk, Theni District and for that, the petitioner already given a representation dated 01.03.2018 to the second respondent, 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 second respondent is directed to consider the representation submitted by the petitioner, dated 01.03.2018 and dispose of the same at early. At the time of passing order, the second 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, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

+1CC TO M/S.J.JEYA ARON RAJA, ADVOCATE, SR NO.55314 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.55672 W.P.(MD)No.5426 of 2018 (Criminal) 14.03.2018 rmk MS/SKN-RSK/SAR-1/26.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/