M.Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2015

CORAM:

THE HONOURABLE Dr. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE V.S.RAVI W.P.(MD)No.4214 of 2015 M.Kannan ... Petitioner Vs.

1.The Superintendent of Police, Theni Distirct.

2.The Inspector of Police, Town Police Station, Bodinayakanur, Theni District.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to perform the cultural dance programme on 25.03.2015 at 7.00 pm., in the festival of Arulmighu Kaliamman Kovil at Kuppinayakkanpatti, Bodinayakanur, Theni District.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.M.Alaguthevan, Spl.G.P.

O R D E R

(Order of this Court was made by S.TAMILVANAN,J.) The Writ petition has been filed invoking Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, directing the respondents to grant permission and provide necessary protection to perform the cultural dance programme on 25.03.2015 at 7.00 pm., during the festival of Arulmighu Kaliamman Kovil at Kuppinayakkanpatti, Bodinayakanur, Theni District.

2.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.

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3.Learned Special Government Pleader appearing for the respondents submitted that criminal case in Crime No.125 of 2014 under Sections 160 of IPC, Crime No.178 of 2013 under Sections 294 (b), 324 and 506 (ii) of IPC Crime No.179 of 2013 under Sections 448, 294(b), 323 and 506(ii) of IPC are pending against the petitioner, however, he has filed this Writ petition, in the nature of probono publico.

4.However, learned counsel appearing for the petitioner submitted that it is only a temple festival and people are interesting to celebrate the function, hence, without considering the antecedents of the petitioner, suitable orders be passed in favour of the villagers.

5.Having considered the facts and circumstances, we direct the respondents 1 and 2 to consider the representation of the petitioner dated 19.03.2015 and pass orders according to law in favour of the villagers with reasonable conditions. 6.With the above observation, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(A.E,) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Theni Distirct. 2.The Inspector of Police, Town Police Station, Bodinayakanur, Theni District.

+1cc to Mr.V.Manikandan, Advocate, in SR. No.14699. W.P.(MD)No.4214 of 2015 25.03.2015 nbj msm 25.03.2015 p2/4c(IT) https://hcservices.ecourts.gov.in/hcservices/