Madras High CourtWP(MD)/5530/2018disposed of

R.Murugan, v. The Superintendent Of Police

2018-03-19Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.5530 of 2018 (Criminal) R.Murugan ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance programme on 21.03.2018 in pursuant to the 'Masi-Panguni' Festival of Arulmigu Sree Muthumariamman Thirukoil, situated at Anna Nagar, Karaikudi Town, Sivagangai District, by considering the petitioner's representation dated 13.03.2018. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.B.Bhagawathi Government Advocate

O R D E R

This writ petition has been filed by the petitioner to direct the respondents herein to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance programme on 21.03.2018 in pursuant to the 'Masi-Panguni' Festival of Arulmigu Sree Muthumariamman Thirukoil, situated at Anna Nagar, Karaikudi Town, Sivagangai District, by considering the petitioner's representation dated 13.03.2018.

2.Heard Mr.M.S.Jeyakarthik, 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 committee members of the said Temple. The villagers are conducting the "Aadalum Paadalum" programme for the past several years and this year, they have decided to conduct the "Aadalum Paadalum" programme on 21.03.2018 https://hcservices.ecourts.gov.in/hcservices/

and for that, they have already given a representation dated 13.03.2018 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 13.03.2018 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-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

+1cc to M/S.M.S.Jeyakarthik, Advocate SR.No. 56217 W.P.(MD) No.5530 of 2018 19.03.2018 cp JM/RSK/SAR 2/20.03.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/