Madras High CourtWP(MD)/16233/2016disposed of

G.Sankarasubramanian v. The Assistant Superintendent

2016-08-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.16233 of 2016 G.Sankarasubramanian ... Petitioner -Vs1.The Assistant Superintendent of Police, Tenkasi, Tirunelveli District.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to give permission to conduct Vinayagar Sadhurthi Festival scheduled at Arulmighu Sandhi Vinayagar Kovil situated at Koolakadai Bazaar, Tenkasi, Tirunelveli District as stated in the representation of the petitioner, dated 02.08.2016 and 10.08.2016 given to the respondents.

For Petitioner :

Mr.R.J.Karthick For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

The writ petition has been filed seeking a direction to the respondents to give permission to conduct Vinayagar Sadhurthi Festival at Arulmighu Sandhi Vinayagar Kovil, Koolakadai Bazaar, Tenkasi, Tirunelveli District as stated in his representation dated 02.08.2016 and 10.08.2016.

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 every year Vinayagar Chathurthi festival is being celebrated in a grant manner by the petitioner and that a representation was given to the respondents on 02.08.2016 and 10.08.2016 seeking permission and protection for this year for https://hcservices.ecourts.gov.in/hcservices/

conducting the above festival, but the same were 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 villagers, there will be no untoward incident on account of this celebration.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that last year, an FIR has been registered in Crime No.422 of 2015 due to violation of conditions.

6.At this juncture, the learned counsel for the petitioner would submit that the said case was not registered in respect of any violation of conditions, but it was registered only in respect of putting up of speaker.

7.Be that as it may, the second respondent is directed to consider the representations of the petitioner dated 02.08.2016 and 10.08.2016 pass appropriate orders on merits and as per law immediately, as the function is scheduled to be held from 04.09.2016.

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

Sd/ Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To:

1.The Assistant Superintendent of Police, Tenkasi, Tirunelveli District.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi, Tirunelveli District.

+1cc to Special Government Pleader in SR.No.48149 +1cc to M/S.R.J.Karthick, Advocate in SR.No.48460 W.P(MD)No.16233 of 2016 30.08.2016 gcg PA/CK/SAR I/31.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/