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Madras High CourtWP(MD)/12313/2016disposed of

S.P.Arunraja v. The Superintendent Of Police,

2016-07-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.12313 of 2016 S.P.Arunraja ... Petitioner -vs1.

The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District.

2.

The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the Respondents to permit the petitioner to conduct the orchestra Program scheduled to be held on 15.07.2016 at 9 PM on the eve of celebration of 114th birth anniversary of Perunthalaivar Kamarajar at Koodankulam Village Radhapuram Taluk Tirnelveli District. For Petitioner :

Mr.S.Manickam For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader *****

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the Respondents to permit the petitioner to conduct the orchestra Program scheduled to be held on 15.07.2016 at 9 PM on the eve of celebration of 114th birth anniversary of Perunthalaivar Kamarajar at Koodankulam Village Radhapuram Taluk Tirnelveli District.

2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents, who has pointed out that on earlier occasion, one Grade-I Constable, by name, Ananthakrishnan, deputed for bandobust, was beaten by a group of people and in this connection, a case in Crime No.105 of 2016 has been registered for offences under Sections 147, 294(b), 353, 323 and 506(i) IPC. Therefore, it is not advisable to grant permission for conducting Orchestra Programme.

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4. When the antecedents show that a constable, who was deputed to duty has been beaten, this Court is not inclined to directly grant permission to the petitioner.

5. At this juncture, learned counsel for the petitioner would submit that the programme to be conducted is not Adal Padal, but only orchestra programme; There is no scope for any untoward incident and hence, permission may be granted. There is also an assurance that the organizers will not cause any problem to the police personnel to be deputed for bandobust / duty. 5.1. It is for the 2nd respondent to get satisfied about the statement given by the petitioner herein.

6. Under such circumstances, the petitioner shall present a petition to the 2nd respondent and on receipt of the same, it is open to the 2nd respondent to consider the request of the petitioner and pass suitable orders thereon in accordance with law immediately, taking note of the fact that the programme is scheduled to be held on 15.07.2016.

7.Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub-Assistant Registrar To:

1.

The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District.

2.

The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

+One cc to Mr.S.Manickam, Advocate, SR.No.36715 ar RL/4C/2P/SKS/RR/SARI/15/7/2016 W.P.(MD)No.12313 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 15.07.2016