Velmurugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.20016 of 2015 Velmurugan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Nerkuppai Police Station, Sivagangai 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 second respondent to give permission with protection to conduct the cultural function Aaadal - Paadal at Thuvar Public stage, in connection with Deepavali Festival of Arulmigu Sree Veeran Swami Temple, at Thuvar, Thiruppathur Taluk, Sivagangai District scheduled on 11.11.2015 based on the petitioner's representation dated 23.10.2015 . For Petitioner : Mr.S.Muthalraj 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 second respondent to give permission with protection to conduct the cultural function Aaadal - Paadal at Thuvar Public stage, in connection with Deepavali Festival of Arulmigu Sree Veeran Swami Temple, at Thuvar, Thiruppathur Taluk, Sivagangai District scheduled on 11.11.2015 based on the petitioner's representation dated 23.10.2015. 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 'Deepavali Festival' in Arulmigu Sree Veeran Swami Temple at Thuvar, Thiruppathur Taluk, Sivagangai District on 11.11.2015 and that the respondents may be directed to give protection to perform cultural programme. He would further submit that in this connection, a representation was given to the respondent police on 23.10.2015 with a request to grant permission to conduct the programme on the above said date, however, the respondent Police has not considered the said https://hcservices.ecourts.gov.in/hcservices/

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 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(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police,Sivagangai District, Sivagangai.

2.The Sub Inspector of Police,Nerkuppai Police Station, Sivagangai District.

+One cc to M/s.Na.Palaniyandi, Advocate, SR.No.64848 +One cc to The Special Government Pleader, SR.No.65017 CM RL/5c/NGM/SS/19/11/2015 W.P.(MD) No.20016 of 2015 04.11.2015 https://hcservices.ecourts.gov.in/hcservices/