Karunakaran, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.[MD].No.21947 of 2018 Karunakaran : Petitioner Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, to direct the respondents to grant permission for conducting the "Palaabesegam" on 29.10.2018 at 04.00 pm to 10 pm from Kilankattur, Nedungulam Village Muthumariamman Kovil to Manamadurai Thevar Statue on the basis of the petitioner's representation dated 23.10.2018. For Petitioner : Mr.A.Banumathy For Respondents : Mr.Chellapandian Additional Advocate General assisted by Mr.B.Bhagawathi Government Advocate
ORDER
This petition has been filed seeking a direction to the respondent police to permit the petitioner to conduct 'Palaabesegam' on 29.10.2018 from 04.00 pm to 10 pm in Idayankulam Village at Sivagangai District.
2.The learned counsel for the petitioner would submit that the petitioner gave a representation on 23.10.2018 to the respondent police seeking permission to conduct "Palaabesegam " on 29.10.2018 and no action has been taken and therefore, this writ petition has been filed.
3.Mr.Chellanapandian, learned Additional Advocate General assisted by Mr.B.Bhagawathi, learned Government Advocate would submit that the representation given by the petitioner was rejected by the first respondent by order dated 26.10.2018. The learned Additional Advocate General would submit that the respondent police are permitting the festival strictly in accordance with the proceedings of the District Collector, Ramanathapuram dated 09.10.2018. He would further submit that even if one exception is https://hcservices.ecourts.gov.in/hcservices/
granted, more request will come from all quarters and it will become difficult for the police to manage the situation. 4.The learned Additional Advocate General would further submit that the police are not permitting anything beyond the conditions stipulated in the proceedings of the Collector dated 09.10.2018, only in order to ensure that the festival is carried on peacefully without giving rise to any law and order problem. The learned Additional Advocate General has also brought to the notice of this Court about the earlier violence, which had happened in past and about the pending cases.
5.This Court has carefully considered the submission made on either side. This Court has been consistently holding in all cases pertaining to this particular festival that the proceedings of the Collector dated 09.10.2018 has to be strictly followed and no exception can be granted to any party whatsoever. 6.In view of the above, the relief sought for by the petitioner cannot be granted by this Court. Consequently, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.
+1CC to the Special Government Pleader SR.No.92961 W.P.[MD].No.21947 of 2018 29.10.2018 TA ES/SKN/RSK/SAR 3/16.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/