Madras High CourtWP(MD)/5565/2018disposed of

Periyasamy v. The Superintendent Of Police

2018-03-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.5565 of 2018 Periyasamy ... Petitioner -Vs1.The Superintendant of Police, Trichy District, Trichy.

2.The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 13.03.2018 to grant permission to conduct the "Mandala Abisheka Niraivu Vizha" as well as other programmes and also to conduct the "Karakattam" at about 07.00 p.m., to 11.00 p.m., on 18.03.2018 in temple namely, "Shri Mariamman Kovil" at Kamatchipatti Village, Velakantham Post, Musiri Taluk, Trichy District.

For Petitioner : Mr.A.V.Rajasekaran 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 and protection for "Karakattam" scheduled to be held on 18.03.2018 in connection with "Mandala Abisheka Niraivu Vizha" as well as other programmes in temple namely, "Shri Mariamman Kovil" at Kamatchipatti Village, Velakantham Post, Musiri Taluk, Trichy District, based on the petitioner's representation dated 13.03.2018.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The learned counsel appearing for the petitioner submitted that the petitioner is one of the Secretary of the said temple. The villagers are conducting "Karakattam" for the past several years and this year, they have decided to conduct the "Karakattam" on https://hcservices.ecourts.gov.in/hcservices/

18.03.2018 and for that, they have already given a representation dated 13.03.2018 to the respondents, 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 respondents are directed to consider the representation submitted by the petitioner, dated13.03.2018 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 others, reported in 2001 - 1 - L.W. (Crl.) 233. 6.With the aforesaid observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Trichy District, Trichy.

2.The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

+1CC to Mr.A.V.Rajasekaran, Advocate, SR.No. 55900 W.P.(MD) No.5565 of 2018 16.03.2018 mm AM/SKN RSK/SAR 4/16.03.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/