Madras High CourtWP(MD)/16255/2016disposed of

A.K.Muthuraja, S/O.Karuppiah v. The Superintendent Of Police

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.16255 of 2016 A.K.Muthuraja ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District.

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

3.Anandaraj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to permit the petitioner to conduct temple festival on 27.09.2016 (Pongal) and 28.09.2016 (Annathanam) in temple namely "Arulmigu Sri Kaliamman Kovil" situated in the village of Thirumalapuram and to give police protection to the function in the temple on the dates of festival by receiving and considering the application of the petitioner dated 16.08.2016 within a stipulated time.

For Petitioner :

Mr.T.A.Ebenezer For Respondents :

Mr.D.Muruganandam, 1 and 2 Addl. Govt. Pleader

O R D E R

The writ petition has been filed seeking a direction to the respondents Nos. 1 and 2 to give permission and protection to the petitioner to conduct pongal festival on 27.09.2016 and Annathanam festival on 28.09.2016 in "Arulmigu Sri Kaliamman Kovil", Thirumalapuram, by considering his representation dated 16.08.2016 within a stipulated time.

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. In view of the order to be passed in this petition, notice to the 3rd respondent is dispensed https://hcservices.ecourts.gov.in/hcservices/

with.

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 the above festival is being conducted by the petitioner, but now the third respondent is preventing him to do so and that a representation was given to the respondents on 16.08.2016 seeking permission and protection for conducting the above festival, but however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this writ petition.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, gave an undertaking that the second respondent would consider the representation of the petitioner, dated 16.08.2016, on merits and in accordance with law. 6.In view of the above undertaking given by the learned Additional Government Pleader, the second respondent is directed to consider the representation of the petitioner dated 16.08.2016 after giving an opportunity of hearing to the petitioner and the third respondent herein and pass appropriate orders on merits and as per law immediately, as the function is scheduled to be held on 27.09.2016 and 28.09.2016.

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

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Tirunelveli District.

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

+1 CC to M/s.T.A.EBENEZER, Advocate, SR No.48190 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.48135 W.P(MD)No.16255 of 2016 30.08.2016 https://hcservices.ecourts.gov.in/hcservices/ gcg SH/AAL-MPA/SAR-I:06.09.2016:2P/5C