Madras High CourtWP(MD)/5226/2015disposed of

Manickam v. The Superintendent Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.P.(MD)No.5226 of 2015 and M.P.(MD)No.1 of 2015 Manickam ... Petitioner Vs.

1.The Superintendent of Police Trichy District.

2.The Inspector of Police, Thottiyam Police Station, Trichy District.

3.The Tahsildar, Thottiyam Taluk, Trichy District.

4.Annathana Kodi Vizha Sangam, Rep.by its Secretary P.Shanmugam ... 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 1 and 2 to give adequate police protection for peaceful performance of Chitra Pournami Annathana Kodi Vizha scheduled to be conducted from 02.05.2015 to 16.05.2015 and also Annathanam and Siruthondar Purana drama scheduled to be conducted from 02.05.2015 to 03.05.2015 in front of Mahamariyamman Koil, Ammankudi, Thottiyam Taluk, Trichy District in the light of the order passed by the Commissioner of HR and CE, Chennai dated 09.11.2004 in A.P.No.10 of 2004 on the basis of the petitioner's representation dated 23.02.2015. For Petitioner : Mr.RM.Sivakumar For Respondents : Mr.R.Karthikeyan, AGP for R1 to 3 Mr.Jerin mathew for R4

O R D E R

This Writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to give adequate police protection for peaceful performance of Chitra Pournami Annathana Kodi Vizha scheduled to be conducted from 02.05.2015 to 16.05.2015 and also Annathanam and Siruthondar Purana drama scheduled to be conducted from 02.05.2015 to 03.05.2015 in front of Mahamariyamman Koil, Ammankudi, Thottiyam Taluk, Trichy District in the light of the order passed by the Commissioner of https://hcservices.ecourts.gov.in/hcservices/

HR and CE, Chennai dated 09.11.2004 in A.P.No.10 of 2004 on the basis of the petitioner's representation dated 23.02.2015. 2.The learned counsel for the petitioner submitted that based upon the proceedings of the Commissioner, HR & CE, dated 09.11.2014 the petitioner cannot be prevented from carrying out Annathanam.

3.The learned counsel for the 4th respondent submitted that the order passed by the Commissioner, HR & CE does not give any right to the petitioner.

4.The 4th respondent cannot have any objection to conduct the programme or the function, by the petitioner, as proposed. It is very well to the 4th respondent also to perform the function and similarly, the petitioner is also ready to conduct the function and the same cannot be disturbed.

5.Accordingly, the 2nd respondent is directed to give necessary permission to the petitioner to conduct the function in the place as mentioned in the prayer sought for in the Writ petition. It is made clear that this order is passed without prejudice to the right of the respondent No.4, to distribute Annathanam. The 2nd respondent is directed to give police protection to the function, if so required.

6.The Writ petition is disposed of accordingly. No costs. Consequently, connected M.P.is closed.

SD/- Assistant Registrar(CO) /True copy/ sub Assistant Registrar nbj To 1.The Superintendent of Police,Trichy District. 2.The Inspector of Police, Thottiyam Police Station,Trichy District.

3.The Tahsildar,Thottiyam Taluk, Trichy District. +2cc to Mr.RM.SIVAKUMAR,ADVOCATE IN SR NO.22362 +1CC TO MR.JERIN MAHEW,ADVOCATE IN SR NO.22417 +1CC SPECIAL GOVERNMENT PLEADER IN SR NO.22842 W.P(MD)No.5226 of 2015 27.04.2015 RG.30.04.2015 2P/8C I.T https://hcservices.ecourts.gov.in/hcservices/