Madras High CourtWP(MD)/5529/2018disposed of

Neelakandan v. The Superintendent Of Police

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.5529 of 2018 Neelakandan ... Petitioner Vs.

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

2.The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein to grant permission and protection to conduct the 'Karakattam' dance programme on 21.03.2018 from 7.00 p.m to 11.30 p.m. in pursuant to the Panguni festival of Arulmighu Sri Valli Deivanai Samedha Sri Siva Subramaniya Swamy Temple, situated at North Pudukudi, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai District, by considering the petitioner's representation dated 12.03.2018.

For Petitioner : Mr.M.Suresh For Respondents : Mr.V.Anand, Government Advocate.

O R D E R

This petition has been filed to direct the respondents herein to grant permission and protection to conduct the 'Karakattam' dance programme on 21.03.2018 from 7.00 p.m to 11.30 p.m. in pursuant to the Panguni festival of Arulmighu Sri Valli Deivanai Samedha Sri Siva Subramaniya Swamy Temple, situated at North Pudukudi, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai District, by considering the petitioner's representation dated 12.03.2018.

2.Heard Mr.M.Suresh, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

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 'Karakattam' dance programme for the past several years and this year, they have decided to conduct the 'Karakattam' dance programme on 21.03.2018 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 (P & A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

+1. C.C. to M/S.M.SURESH, Advocate, SR.No.55434. +1. C.C. to Special Government Pleader, SR.No.55996. W.P.(MD)No.5529 of 2018 15.03.2018 https://hcservices.ecourts.gov.in/hcservices/ cp SDS/RSK/SAR.4/19.03.2018/2P/5C