Madras High CourtWP(MD)/12968/2016disposed of

S.Arockiyasamy,S/O.Sebasthiyar 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.12968 of 2016 S.Arockiyasamy ... Petitioner -vs1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Sub Inspector of Police, Athanakottai Police Station, Adhakanottai Pudukottai 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 give the permission and adequate police protection for conducting Aadal Paadal Programme on 27.07.2016 in connection with Thiruppali Poosari of Arsista Punithavanathu Chinnappar Church at Ganapathipuram Village, Keelpuram Pudukkottai Taluk, Pudukkottai District.

For Petitioner : Mr.T.Vadivelan 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 necessary police protection to conduct Aadal Paadal Programme on 27.07.2016 in connection with Thiruppali Poosari of Arsista Punithavanathu Chinnappar Church at Ganapathipuram Village, Keelpuram Pudukkottai Taluk, Pudukkottai 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 respondents on 20.07.2016, 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 https://hcservices.ecourts.gov.in/hcservices/

villagers, there will be no untoward incident on account of this celebration.

5. The learned Additional Government Pleader appearing for the respondent, on instructions, would submit that cases are pending on account of the dispute between two groups, which included registration of the offence under Section 302 IPC and therefore the authorities did not grant permission.

6.Learned counsel for the petitioner submitted that the occurrence relating to which cases were registered took place not in near future, but some time back and therefore, subject to the undertaking that the petitioner would ensure that no untoward incident would take place, the respondent may consider the representation. 7.Under such circumstances, the respondent police is directed to consider the representation of the petitioner dated 19.07.2016 and pass suitable orders thereon on or before 25.07.2016 on merits and in accordance with law.

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

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Sub Inspector of Police, Athanakottai Police Station, Adhakanottai Pudukottai district.

+1cc to Special Government Pleader in SR.No.38787 +2ccs to Mr.T.Vadivelan, Advocate in SR.Nos.39156 & 39161 W.P(MD)No.12968 of 2016 22.07.2016 mj PA/NGM-MP/SAR II/22.07.2016/2P/6C(IT) https://hcservices.ecourts.gov.in/hcservices/