Jahan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twelfth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN WP(MD) No.625 and 751 of 2016 B.GANESAN ... Petitioner in WP(MD). 625/ 2016 S. KANNAN ... Petitioner in WP(MD). 751/ 2016 - Vs. - 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI 2 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, SAMAYANALLUR, MADURAI ... Respondents in WP(MD). 625/ 2016 1 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI.
2 THE SUB INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.
... Respondents in WP(MD). 751/ 2016 Prayer in WP(MD). 625/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order pass the 2nd respondent dated 06.01.2016 and quash the same and consequently direct the respondents to grant permission to the petitioner to conduct the Pongal Sports Events scheduled on 15.01.2016 and 16.01.2016 in front of the Nagamuthu Mariyamman Kovil, Saminathan Nagar, Paravai. Prayer in WP(MD). 751/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records pertaining to the rejection order passed by the 2nd Respondent dated 06.01.2016 and to quash the same and consequently direct the 2nd Respondent to give permission and protection to conduct the sports and games meet for children on 16.01.2016 in connection with the Pongal Festival of Arulmigu Sree Nagamuthu Mariyamman Temple at Paravai, Madurai District.
ORDER: This Writ Petition coming on for hearing on this day upon perusing the petition and the affidavit filed in support thereof the order of the High Court and upon hearing the arguments of Mr.N.SEKAR, Advocate for the petitioner in WP(MD)No. 625 of 2016 and of Mr.A.PRASANNA RAJADURAI, Advocate for the pettioner in WP(MD)No. 751 of 2016 and of Mr.S. CHANDRASEKAR,Government Advocate on behalf of the Respondents in the both Writ petitions, the Court made the following order:
The Writ Petition in W.P.(MD)No.625 of 2016 has been filed seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the second respondent dated 06.01.2016 and quash the same and consequently direct the respondents to grant permission to the petitioner to conduct the Pongal Sports Events scheduled on 15.01.2016 and 16.01.2016 in front of the Nagamuthu Mariyamman Kovil, Saminathan Nagar, Paravai. 2.The Writ Petition in W.P.(MD)No.751 of 2016 has been filed seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the rejection order passed by the second respondent dated 06.01.2016 and to quash the same and consequently direct the second respondent to give permission and protection to conduct the sports and games meet for children on 16.01.2016 in connection with the "Pongal Festival" of Arulmigu Sree Nagamuthu Mariyamman Temple at Paravai, Madurai District.
3.Heard the counsel appearing for the petitioner in the respective Writ Petitions and the Government Advocate appearing for the respondents. 4.When the matters are taken up for hearing, the counsel appearing for the petitioner in both the writ petitions have submitted that as the parties have agreed to conduct the Pongal Sports events on 16.01.2016 viz., one party in the morning session and the other party in the afternoon session and that there cannot be any bar for the petitioner in W.P.(MD)No.625 of 2016 to proceed with the sports activities on 15.01.2016, the petitioner in W.P.(MD)No.625 of 2016 is permitted to conduct the sports events and other activities which are permissible in law on 15.01.2016 and between 08.00 a.m. and 12.00 noon on 16.01.2016 and
the petitioner in W.P.(MD)No.751 of 2016 is permitted to conduct the sports and games meet for children and the other activities which are not prohibited in law between 03.00 p.m. and 08.00 p.m. on 16.01.2016 in front of Nagamuthu Mariyamman Kovil, Saminathan Nagar, Paravai. Accordingly, the respondent police is directed to give police protection to both the petitioners to conduct the above said sports events by imposing necessary conditions required to maintain peace and harmony. 5.Post the matter on 19.01.2016 for reporting compliance. sd/- 12/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI 2 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION SAMAYANALLUR, MADURAI 3 THE SUB INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION SAMAYANALLUR,MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High court, Madurai.
+1. C.C. to Mr.Na.Palaniyandi, Advocate SR.No.2370. +1CC to Mr.N.Sekar, Advocate, SR.No. 2250.
ORDER
IN WP(MD) No.625 and 751 of 2016 Date :12/01/2016 AM/12.01.2016/GSV.AN/SAR-II/3P/8C