Madras High CourtWP(MD)/16722/2016disposed of

Sakarai, S/O. Thevaraj, v. The Inspector Of Police,

2016-09-02Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.16722 of 2016 Sakarai ... Petitioner -VsThe Inspector of Police, Usilampatti Police Station, Madurai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to grant permission and protection to perform Vinayagar Saduruthi festival on 05.09.2016 by worshipping the Vinayagar Idol for three days and to conduct procession from Usilampatti through PRC shed to Vaigai river and to immerse the idol in the river in pursuant to the petition dated 26.08.2016.

For Petitioner :

Mr.A.Jayaramachandran For Respondent :

Mr.R.Karthikeyan Addl. Govt. Pleader

O R D E R

The writ petition has been filed seeking for a direction to the 2nd respondent to grant permission and adequate police protection to perform Vinayagar Saduruthi festival in their locality on 05.09.2016 by worshipping the Vinayagar Idol for three days, taking the idol from Usilampatti through PRC shed to Vaigai river and immersing the idol in the river, based on his representation dated 26.08.2016.

2. Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondent. 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 respondent.

4.The learned counsel appearing for the petitioner would submit that every year Vinayagar Chathurthi festival is being conducted by the villagers by keeping the Vinayagar idol for three days and thereafter, taking the idol to the Vaigai river https://hcservices.ecourts.gov.in/hcservices/

and immersing the same in the river and that a representation was given to the respondent on 26.08.2016 seeking permission and protection for the said festival, but however, the same was not considered by the 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.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, gave an undertaking that the respondent would consider the representation of the petitioner, dated 26.08.2016, on merits and in accordance with law.

6.In view of the above undertaking given by the learned Additional Government Pleader, the respondent is directed to consider the representation of the petitioner dated 26.08.2016 and pass appropriate orders on merits and as per law on or before 04.09.2016.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Inspector of Police, Usilampatti Police Station, Madurai District.

+1CC to M/s.A.Jayaramachandran, Advocate, S.R.No.49502 +1CC to M/s.Special Government Pleader, S.R.No.49667 gcg MKSK/SS3/SAR(III)/02.09.2016/2P/4C W.P(MD)No.16722 of 2016 02.09.2016 https://hcservices.ecourts.gov.in/hcservices/