Viji V.Velayutham v. The Deputy Superintendent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.13866 of 2016 Viji V.Velayutham ... Petitioner -Vs1.The Deputy Superintendent of Police, Valliyur Sub Division, Tirunelveli District.
2.The Inspector of Police, Valliyur Police Station, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the first respondent dated 27.07.2016 in Na.Ka.No.106/Ka.Thu.Ka/Valliyur/2016 and quash the same and consequently direct the first respondent to grant permission for conducting Pattimanram and Innisai Kacheri in connection with Kumbabishegam festival of Arulmigu Sri Esakki Amman, Sri Sudalai Aandavar, Valliyur, scheduled on 19.08.2016 and 21.08.2016 respectively with adequate police protection. For Petitioner :
Mr.V.Sasikumar For Respondents :
Mr.D.Muruganandam, Addl. Govt. Pleader
O R D E R
The writ petition has been filed praying to quash the impugned order passed by the first respondent dated 27.07.2016 with a consequential direction to the first respondent to provide police protection and permission to the Pattimanram and Innisai Kacheri, scheduled to be held on 19.08.2016 and 21.08.2016 respectively.
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.
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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. He would further submit that the representation given to the first respondent was rejected vide the impugned order.
5. The learned Additional Government Pleader appearing for the respondent would submit that considering the law and problem prevalent in the area, the permission for conducting the programme was rejected.
6. However, the reasons alleged may not exist as of now and as the situation is liable to change, the petitioner is permitted to make a fresh representation.
7. Accordingly, the petitioner is directed to make a fresh representation to the first respondent in person on 08.08.2016 and on receipt of such representation, the first respondent is directed to consider the same and pass appropriate orders on merits and as per law immediately, as the function is stated to be scheduled on 19.08.2016 and 21.08.2016.
8. With the above direction, the Writ Petition is disposed of. No costs.
Sd/ Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To:
1.The Deputy Superintendent of Police, Valliyur Sub Division, Tirunelveli District.
2.The Inspector of Police, Valliyur Police Station, Tirunelveli District.
+1cc to M/S.V.Sasikumar, Advocate in SR.No.41599 +1cc to Special Government Pleader in SR.No.41551 W.P(MD)No.13866 of 2016 03.08.2016 gcg PA/AAL-MPA/SAR III/05.08.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/