Madras High CourtWP(MD)/15678/2016disposed of

S.Thangaraj, v. The Superintendent Of Police

2016-08-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15678 of 2016 S.Thangaraj ... Petitioner -vs1.The Superintendent of Police Office of the Superintendent of Police, Tuticorin District 2.The Inspector of Police Athoor Police Station Tuticorin 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 herein to give the permission and police protection for conducting on 31.08.2016 Mulaippari immerse the Thamirabarani River and Innisai Katchery Programme on 01.09.2016 (for two days) in connection with yearly Aavani Kodai Festival of Arulmigu Sri Mutharamman Temple situated at Kumarapannaiyur, Sernthamangalam Post, Tuticorin District based upon the petitioner's representation dated 18.08.2016. For Petitioner : Mr.P.Banuprasath For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents herein to give the permission and police protection for conducting on 31.08.2016 Mulaippari immerse the Thamirabarani River and Innisai Katchery Programme on 01.09.2016 (for two days) in connection with yearly Aavani Kodai Festival of Arulmigu Sri Mutharamman Temple situated at Kumarapannaiyur, Sernthamangalam Post, Tuticorin District based upon the petitioner's representation dated 18.08.2016.

2.Mr.D.Muruganandham, 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 festival 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 2nd respondent, but, however, the same was not considered by the 2nd respondent 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. https://hcservices.ecourts.gov.in/hcservices/

5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that already a case under Section 302 IPC has been registered in the said locality and therefore, the respondents may be directed to consider the representation of the petitioner.

6.In view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner dated 18.08.2016 and pass orders on merits and in accordance with law as expeditiously as possible, as the cultural event is scheduled to be conducted on 31.08.2016. No costs.

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

To 1.The Superintendent of Police, Office of the Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Athoor Police Station, Tuticorin District +1cc to M/s.P.Banu Prasath, Advocate in SR.46603 +1cc to the Special Government Pleader, in SR.46552 W.P(MD)No.15678 of 2016 23.08.2016 rr.

PBK/KP/SAR-I 24/08/2016 ::2P-5C::(IT) https://hcservices.ecourts.gov.in/hcservices/