Madras High CourtWP(MD)/9644/2018dismissed

T.R.Nagaraj v. The Assistant Commissioner Of

2018-04-26Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.9644 of 2018 T.R.Nagaraj ... Petitioner Vs.

1.The Assistant Commissioner of Police, Anna Nagar, Madurai District.

2.The State represented by, The Inspector of Police, Anna Nagar Police Station, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to grant necessary police protection on 30.04.2018 from 06.00 a.m. to till the end of the "Mandaga Padi"function for the celebration of Kal Alagar Festival in the petitioner's property at Madurai District, Mathichiyam East Street, Ward No.9, Door No.9. For Petitioner : Ms.P.Jessi Jeeva Priya For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

This writ petition has been filed seeking a Writ of Mandamus directing the respondents to grant necessary police protection on 30.04.2018 from 06.00 a.m. to till the end of the "Mandaga Padi" function for the celebration of Kal Alagar Festival in the petitioner's property at Madurai District, Mathichiyam East Street, Ward No.9, Door No.9.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. The learned Government Advocate submitted that the respondent police has not received any representation from the petitioner for providing police protection for the above said "Mandagapadi" programme.

4. Admittedly, the representation, dated 24.04.2018, has been submitted by the petitioner to the first respondent and the same is pending. On perusal of the representation shows that the petitioner has made a criminal complaint against the rival parties. Further, there was already an appeal suit is pending before the https://hcservices.ecourts.gov.in/hcservices/

appellate Court regarding the property in dispute, in which the petitioner seeks permission to conduct the "Mandagapadi" programme during the 'Kallalagar" Festival. Therefore, this writ petition is not maintainable and the same is liable to be dismissed.

5. Accordingly, the Writ Petition is dismissed. However, liberty is given to the petitioner to approach the authority concerned, if so advised. No costs.

Sd/ Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Assistant Commissioner of Police, Anna Nagar, Madurai District.

2.The Inspector of Police, Anna Nagar Police Station, Madurai District.

+1cc to M/s.Special Government Pleader,SR.No. 64249 +1cc to Mr.S.SUBRAMANIAN, Advocate, SR.No. 63968 W.P.(MD)No.9644 of 2018 26.04.2018 PJL KK/SV MMS/28.04.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/