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Madras High CourtWP(MD)/5622/2018disposed of

A.Baluchamy v. The Commissioner 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.5622 of 2018 A.Baluchamy ... Petitioner -Vs1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Koodal Pudhur Police Station, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to grant permission for conducting cultural activities (Sathiya Arichandra Drama on 03.04.2018, Sri Valli Thirumana Drama on 04.04.2018 and 05.04.2018 Muthalamman Drama) on 03.04.2018 at 10.00 p.m. onwards on 04.04.2018 at 10.00 p.m. onwards and on 05.04.2018 at 10.00 p.m. onwards for the completion of festival in Sri Ayyanar Swamy Kovil, Sri Kollangkulam Ayyanar Swamy and Sri Manthaiamman Swamy Panguni Urchava Festival at Milakarunai village, Madurai District based on my representation dated 13.03.2018. For Petitioner : Mr.S.Alagusundar 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 for conducting cultural activities (Sathiya Arichandra Drama on 03.04.2018, Sri Valli Thirumana Drama on 04.04.2018 and 05.04.2018 Muthalamman Drama) on 03.04.2018 at 10.00 p.m. onwards on 04.04.2018 at 10.00 p.m. onwards and on 05.04.2018 at 10.00 p.m. onwards for the completion of Festival in Sri Ayyanar Swamy Kovil, Sri Kollangkulam Ayyanar Swamy and Sri Manthaiamman Swamy Panguni Urchava Festival at Milakarunai village, Madurai 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. https://hcservices.ecourts.gov.in/hcservices/

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 'cultural activities' (Sathiya Arichandra Drama, Sri Valli Thirumana Drama and Muthalamman Drama) for the past several years and this year, they have decided to conduct the 'cultural activities' (Sathiya Arichandra Drama on 03.04.2018, Sri Valli Thirumana Drama on 04.04.2018 and 05.04.2018 Muthalamman Drama) on 03.04.2018 at 10.00 p.m. onwards on 04.04.2018 at 10.00 p.m. onwards and on 05.04.2018 at 10.00 p.m. onwards and for that, they have already given a representation dated 13.03.2018 to the second respondent, 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 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 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(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Koodal Pudhur Police Station, Madurai.

+1CC to Mr.S.Alagusundar, Advocate, SR.No. 56201 +1CC to the Special Government Pleader SR.No.56266 W.P.(MD) No.5622 of 2018 mm AM/SKN RSK/SAR 1/28.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/