Madras High CourtWP(MD)/12961/2016disposed of

A.Pown Raj v. The Superintendent Of Police

2016-07-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.12961 of 2016 A.Pown Raj

...Petitioner

-vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Surandai Police Station, Tirunelveli district.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to grant permission and protection for the procession of mulaippari with chendaimelam from Arulmighu Santhe Pillayar Kovil to Logamatha Thirukovil perform in Thiruvizha scheduled to be held on 17.08.2016 at 02.00 pm to 07.00 pm and consequent to that the Orchestra (Innisai Kacheri) from 09.00 pm to 12.00 pm at Arulmighu Santhe Pillayar Kovil at Keela Surandai, Tirunelveli District.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus, directing the respondent to grant permission and protection for the procession of Mulaippari with Chendaimelam from Arulmighu Santhe Pillayar Kovil to Logamatha Thirukovil Thiruvizha, scheduled to be held on 17.08.2016 at 02.00 pm to 07.00 pm and consequent to that the Orchestra (Innisai Kacheri) from 09.00 pm to 12.00 pm at Arulmighu Santhe Pillayar Kovil at Keela Surandai, Tirunelveli 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.

4. The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period; that a representation was given to the https://hcservices.ecourts.gov.in/hcservices/

respondents on 18.07.2016, but, however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration.

5. The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that cases are pending on account of the dispute between two groups, which included registration of the offence under Section 107 Cr.P.C., and therefore the authorities have kept the representation pending.

6.However, there is possibility of restoration of peace, pursuant to proceedings under Section 107 Cr.P.C., and consequently as the situation is likely to have changed, the respondent police shall consider the representation of the petitioner dated 18.07.2016 and pass appropriate orders in accordance with law.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Surandai Police Station, Tirunelveli district.

+1cc to M/s.S.Sivakumar, Advocate in SR.38732 +1cc to the Special Government Pleader, in SR.38786 W.P(MD)No.12961 of 2016 22.07.2016 mj PBK/NGM-MP/SAR-III 22/07/2016 ::2P-5C::(IT) https://hcservices.ecourts.gov.in/hcservices/