T. Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.19498 of 2015 T.Murugan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Alangulam Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to grant permission and protection for Arulmigu Santhana Mariamman Temple situated at Alankulam, Tirunelveli District on 03.11.2015 and for the music namely "Sandai Melam" Programme. For Petitioner : Mr.S.Sathya Chidambaram For Respondents : Mr.D.Muruganantham, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of mandamus directing the respondents to grant permission and protection for Arulmigu Santhana Mariamman Temple situated at Alankulam, Tirunelvlei District on 03.11.2015 and for the music namely "Sandai Melam" Programme.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3.The learned counsel for the petitioner would submit that the villagers jointly decided to conduct 'Sandai Melam' in Arulmighu Santhana Mariamman Temple situated at Alankulam, Tirunelveli District on 01.11.2015 to 04.11.2015 and that the respondents may be directed to give protection to perform cultural programme after the Pooja and Abishegam. He would further submit that in this connection, a representation was given to the respondent police on 26.10.2015 with a request to grant permission to conduct the programme on the above said date, however, the respondent Police has not considered the said representation and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the said festival was celebrated in a peaceful manner by the villagers in the last year, no untoward incident will take place in this year also.

4. The learned Special Government Pleader would submit that the respondent police has not considered the representation as it will create communal problem in the village. He would further submit that if permission is granted for conducting the cultural programme, the anti https://hcservices.ecourts.gov.in/hcservices/

social elements will make use of the same to create law and problem in the locality.

5. This Court considered the submission made on either side and perused the materials available on record.

6. The anticipation of the respondent police cannot be ignored, as they are only answerable, if any untoward incident taken place in their jurisdiction.

7. In view of the submission made by the learned Special Government Pleader, this Court is not inclined to grant permission for conducting Adal Padal programme. Accordingly, this Writ Petition is dismissed. No costs.

Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To, 1.The Superintendent of Police, Tirunelveli District,Tirunelveli.

2.The Sub Inspector of Police, Alangulam Police Station, Tirunelveli District.

+1CC to The Special Government Pleader, SR.No. 64766 W.P.(MD) No.19498 of 2015 03.11.2015 AM/GSV.PM/19.11.2015/2P/4C https://hcservices.ecourts.gov.in/hcservices/