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Madras High CourtWP(MD)/19729/2017disposed of

Eswaran, S/O.Velusamy, v. The Superintendent Of Police,

2017-10-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.19729 of 2017 Eswaran ... Petitioner -Vs1. The Superintendant of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Palayanur Police Station, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and Protection for conducting the Annathanam at Vayalseri Village, Sivagangai District on 26.10.2017, 27.10.2017 and 30.10.2017 in connection with the Gurupoojai for Freedom Fighters by considering the petitioner's representation dated 25.09.2017.

For Petitioner : M/s.V. Ramalingam For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuing a Writ of Mandamus, directing the respondents to grant permission and Protection for conducting the Annathanam at Vayalseri Village, Sivagangai District on 26.10.2017, 27.10.2017 and 30.10.2017 in connection with the Gurupoojai for Freedom Fighters by considering the petitioner's representation dated 25.09.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. The petitioner states that the villagers in Vayalseri Village, Sivagangai District have arranged for giving Honour to the Freedom Fighters and conduct the GuruPoojai for Pasumpon https://hcservices.ecourts.gov.in/hcservices/

Muthuramalinga Thevar, Marudhupandiar. It is further stated that the petitioner has organised Annathanam and expecting more than 3,000 persons. Since the petitioner has undertaken that he will not indulge in any other activity which is likely to disrupt public peace and communal harmony, the learned counsel appearing for the petitioner submits that the permission may be granted to the petitioner. .

4. The second respondent has filed counter affidavit today expressing certain practical difficulties in giving Police Protection to the petitioner. It is stated that already the State has provided a bandobust deputing more than 20,000 Police personnel. Since the strength which is now available with Police Department is required for maintenance of law and order at the place of event, it is stated that it is impossible to withdraw the police force from the places where they are deployed as the places are noted as vulnerable.

5. Considering the nature of submissions made on either side, this Court is inclined to direct the second respondent to give permission and provide police protection atleast one day i.e on 28.10.2017 to conduct Annathanam in connection with Gurupoojai, Thevar Jeyanthi. This order is subject to any other reasonable and valid restrictions by the second respondent so as to ensure law and order and communal harmony.

6. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar.

To

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

2.The Inspector of Police, Palayanur Police Station, Sivagangai District.

+1CC to Mr.V.Ramalingam, Advocate, SR.No. 83995 W.P.(MD) No.19729 of 2017 27.10.2017 https://hcservices.ecourts.gov.in/hcservices/ trp AM/SV MMS/SAR 1/27.10.2017/2P/4C