Madras High CourtWP(MD)/18895/2018disposed of

P.Santhoshkumar, v. The Commissioner Of Police

2018-08-30Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.18895 of 2018 P.Santhoshkumar ... Petitioner -Vs1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, Srirangam Police Station, Trichy City.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the second respondent to grant permission and adequate police protection for taking out a procession by carrying on Vinayagar statue from Thiruvalarsolai to Cauvery river via Thiruvanaikovil, Srirangam, Amma Mandapam and Mambalasalai to dissolve the statue in Cauvery river, on 15.09.2018 at about 6.00 p.m. For Petitioner : Mr.T.Lenin Kumar For Respondents : M/s.B.Bhagawathi Government Advocate

ORDER

This writ petition has been filed for a direction to the second respondent to grant permission and adequate police direction for taking out the procession of Vinayagar statue from Thiruvalarsolai to Cauvery river on 15.09.2018. 2.The learned counsel for the petitioner submits that the villagers belonging to Thiruvalarsolai have a temple called as Sri Bala Selva Vinayagar temple and every year on the eve of Vinayagar Sathurthi the Vinayagar statues will be taken on procession by the villagers and it will be dissolved in the Cauvery river. Till now, there has been no complaints with regard to conduct of procession of the Vinayagar statue in the previous years. The petitioner had given a representation, dated 30.07.2018 to the second respondent to grant permission and police protection and https://hcservices.ecourts.gov.in/hcservices/

the same was not considered. Therefore, the present writ petition has been filed.

3.The learned Government Advocate would submit that there has been no problem in taking procession even during the previous years. However, the learned Government Advocate would submit that the petitioner will have to comply with the conditions imposed by the second respondent during the procession.

4.Taking into considering the submission made on either side the second respondent is directed to grant permission and adequate police protection for taking into the procession of the Vinayagar statue on 15.09.2018. It is made clear that it is open to the second respondent to impose any reasonable conditions in order to ensure that the entire event takes place in a peaceful manner and it does not give rise to any law and order problem. The petitioner is bound to comply the conditions imposed by the second respondent.

5.This writ petition is disposed of with the above directions. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, Srirangam Police Station, Trichy City.

+ 1 CC TO Mr.T.LENINKUMAR, ADVOCATE IN SR No. 81335 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 81749 TM TE/RP/SAR-1 : 03/09/2018 : 2P/5C W.P.(MD)No.18895 of 2018 30.08.2018 https://hcservices.ecourts.gov.in/hcservices/