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Madras High CourtWP(MD)/15844/2019disposed of

S.Sanmugam v. The Superintendent Of Police

2019-07-18Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.15844 of 2019 S.Sanmugam ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police 2.The Inspector of Police Thirukurungudi Police Station Thirukurungudi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to grant permission to the petitioner for conducting " Innisai Katcheri" (Innisai Programme) show at the evening hours on 24.07.2019 in the light of Sri Vadakkuvasal Selvi Amman Temple situated in Thalavaipuram, Thirukkurungudi, Tirunelveli District.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to grant permission to the petitioner for conducting "Innisai Katcheri" (Innisai Programme) show at the evening hours on 24.07.2019 in the light of Sri Vadakkuvasal Selvi Amman Temple situated in Thalavaipuram, Thirukkurungudi, Tirunelveli District.

2. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.

3. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. side) takes notice for the respondents.

4. The grievance of the petitioner is that seeking permission to conduct "Innisai Katcheri" (Innisai Programme) show at the evening hours on 24.07.2019 in the light of Sri Vadakkuvasal Selvi

Amman Temple situated in Thalavaipuram, Thirukkurungudi, Tirunelveli District. The petitioner made a representation to the second respondent on 29.06.2019 and the said representation was not considered so far. Hence, the present Writ Petition has been filed for the aforesaid relief.

5.The learned Government Advocate (Crl.Side) appearing for the respondents, on instructions, would submit that already the petitioner's application has been rejected by the Inspector of Police, Eruvadi Circule, Tirunelveli District on the ground that there is no responsible person sought for permission from the respondent police. He has also produced a copy of the order. 6.The learned counsel for the petitioner would submit that every year the petitioner and his villagers are conducting the festival. Even last year also a permission was granted by the respondent police to conduct the musical programme and during the programme, so far no untoward incident has taken place.

The learned counsel for the petitioner would further submit that the petitioner is a Nattamai in the village and he will take responsibility, if any untoward incident is taken place during the musical programme. 7.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the petitioner that the petitioner is taking responsibility for conducting the Innisai Katcheri on 24.07.2019, the petitioner is directed to give a fresh representation to the second respondent police to grant permission to conduct the Innisai Katcheri on 24.07.2019 in the light of Sri Vadakkuvasal Selvi Amman Temple situated in Thalavaipuram, Thirukkurungudi, Tirunelveli District.

On such representation, the second respondent police is directed to consider the same and pass suitable orders forthwith by imposing necessary condition in order to maintain law and order problem.

8. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Office of the Superintendent of Police

2.The Inspector of Police Thirukurungudi Police Station Thirukurungudi 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-76041[F] dated 18/07/2019 ) Order made in W.P.(MD)No.15844 of 2019 MSA KK/SAR/22.07.2019/3P-5C