Madras High CourtWP(MD)/5433/2018disposed of

R.Perumalsamy v. The Superintendent Of

2018-03-15Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2018

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM W.P.(MD)No.5433 of 2018 (Criminal) R.Perumalsamy ... Petitioner Vs.

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

2.The Inspector of Police, Odaipatti 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 to perform the cultural program, i.e Aadal Padal on 29.03.2018 at about 06.00 p.m., at Shree Bhagavathi Amman Temple at Moorthinayakkanpatti Village, Uthamapalayam Taluk, Theni District by considering the petitioner's representation dated 03.03.2018.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.N.Shanmuga Selvam, Additional Government Pleader.

O R D E R

This petition has been filed to direct the second respondent to grant permission to perform the cultural program, i.e Aadal Paadal on 29.03.2018 at about 06.00 p.m., at Shree Bhagavathi Amman Temple at Moorthinayakkanpatti Village, Uthamapalayam Taluk, Theni District by considering the petitioner's representation dated 03.03.2018.

2.Heard Mr.M.Solaisamy, learned counsel appearing for the petitioner and Mr.N.Shanmuga Selvam,, learned Additional Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that the petitioner is one of the Villagers of the said Village. The villagers are conducting the "Aadal Paadal" programme for the past several years and this year, they have decided to conduct the "Aadal Paadal" programme on 29.03.2018 and for that, https://hcservices.ecourts.gov.in/hcservices/

they have already given a representation dated 03.03.2018 to the second respondent, but so far, no order has been passed. Hence, he has filed the present writ petition.

4.The learned Additional Government Pleader 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 03.03.2018 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(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

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

+1cc to M/S.M.Solaisamy, Advocate SR.No. 55834 +1cc to Special Government Pleader, SR.No. 56009 W.P.(MD)No.5433 of 2018 (Criminal) 15.03.2018 cp JM/SKN RSK/SAR 1/26.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/