Madras High CourtWP(MD)/5462/2018disposed of

V.R.K.Mahendar, v. The Deputy 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.5462 of 2018 (Criminal) V.R.K.Mahendar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

2.The Inspector of Police, Elumalai Police Station, Elumalai, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to give protection and permission to the festival and Adaal and Paadal program conducted at Arulmigu Sri Samayakaruppusamy Kovil Festival at Manoothu Village, Usilampatti Taluk, for Musical Program and Adal Padal scheduled on 31.03.2018 and 01.04.2018. For Petitioner : Mr.K.R.Laxman For Respondents : Mr.B.Bhagawathi, Government Advocate.

O R D E R

This petition has been filed to direct the respondents to give protection and permission to the festival and Adaal and Paadal program conducted at Arulmigu Sri Samayakaruppusamy Kovil Festival at Manoothu Village, Usilampatti Taluk, for Musical Program and Adal Padal scheduled on 31.03.2018 and 01.04.2018. 2.Heard Mr.K.R.Laxman, 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 submitted that the petitioner is one of the Villagers of the said Village. The villagers are conducting the Musical Programme and Adal Padal programme for the past several years and this year, they have https://hcservices.ecourts.gov.in/hcservices/

decided to conduct the "Musical Program and Adal Padal programme on 31.03.2018 and 01.04.2018 and for that, they have already given a representation dated 12.03.2018 to the respondents, but so far, 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 12.03.2018 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 Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

2.The Inspector of Police, Elumalai Police Station, Elumalai, Madurai District.

+1cc to Mr.R.LAXMAN, Advocate, SR.No. 55463 +1cc to M/s.Special Government Pleader,SR.No. 56001 W.P.(MD)No.5462 of 2018 (Criminal) 15.03.2018 CP KK/SKN RSK/27.03.2018/SAR-1/2P-5C https://hcservices.ecourts.gov.in/hcservices/