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Madras High CourtWP(MD)/3400/2017partly allowed

V.Paramanatham v. The Superintendent Of Police

2017-02-28Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P(MD) No.3400 of 2017 V.Paramanantham ... Petitioner -vs1. The Superintendent of Police, Virudhunagar, Virudhunagar District.

2. The Inspector of Police, Alankulam Police Station, Alankulam, Virudhunagar District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant permission to conduct temple festival and cultural programme from 10.03.2017 to 12.03.2017 and the 8th day festival on 17.03.2017 by considering representation of the petitioner dated 19.02.2017.

For Petitioner : Mr.S.C.Herold Singh For RR - 1 & 2 : Mr.D.Muruganandam Additional Government Pleader

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to give necessary permission for conducting festival in the place mentioned therein by way of issuing a Writ of Mandamus. 2.The learned counsel appearing for the petitioner has contended that the petitioner has already filed O.S.No.13 of 2013 against some third parties, wherein perpetual injunction has been passed in respect of conducting festival in the temple mentioned https://hcservices.ecourts.gov.in/hcservices/

in the petition. Now the respondents have failed to give permission, despite of the representations dated 19.02.2017 and 20.02.2017. Under the said circumstances, the present Petition has been filed for getting the relief sought therein. 3.It is seen from the records that the petitioner as plaintiff has filed O.S.No.13 of 2013 against some third parties, wherein decree of perpetual injunction has been granted. It is also seen from the records that on 19.02.2017 and 20.02.2017 two representations have been given to the respondents. But the same are not considered by the respondents. Under the said circumstances, this Court is inclined to pass the following order: 4.In fine, this Writ Petition is allowed in part without cost. The second respondent is directed to look into the representations dated 19.02.2017 and 20.02.2017 and dispose of the same within a period of two days.

Sd/- Assitant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Virudhunagar, Virudhunagar District.

2. The Inspector of Police, Alankulam Police Station, Alankulam, Virudhunagar District.

+1cc to M/s.S.C.HEROLD SINGH, Advocate, in SR No. 11241 +1cc to Special Government Pleader, Sr.No. 11563 MJ AAM-CM MSA SAR1 06.03.2017 2P 5C W.P(MD) No.3400 of 2017 28.02.2017 https://hcservices.ecourts.gov.in/hcservices/