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Madras High CourtWP(MD)/16819/2016disposed of

T.Anbalagan, v. The Commissioner Of Police

2016-09-07Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.09.2016

CORAM

THE HON'BLE MR.JUSTICE B.GOKULDAS W.P(MD) No.16819 of 2016 T.Anbalagan S/o.Thangaraj Pillai, Organizer Madurai District, Hindu People Party, G.S.T.Road,Vailukuganda Amman Koil Near, Thirupparankundram, Madurai.

... Petitioner -vs1.

The Commissioner of Police, Madurai City,Madurai.

2.

The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram,Madurai.

3.

The Inspector of Police, Avaniyapuram Police Station, Avaniyapuram, Madurai 12.

4. The Inspector of Police, Thirunagar Police Station, Thirunagar, Madurai-6.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission and provide police protection to the petitioner for conducting Vinayagar Idol Procession scheduled on 09.09.2016 upto the place of immersion of Vinayagar Idols at Sevanthikulam situated on the rear side of the Thirupparankundram Hills within a time frame that may be stipulated by this Court. For Petitioner :

Mr.R.Ganesan For Respondents :

Mr.K.P.Krishnadoss Government Advocate

O R D E R

This petition has been filed, seeking to direct the respondents to grant permission and provide police protection to the petitioner for conducting Vinayagar Idol Procession scheduled on 09.09.2016 upto the place of immersion of Vinayagar Idols at Sevanthikulam situated on the rear side of the Thirupparankundram Hills.

2. Mr.K.P.Krishnadoss, learned Government Advocate, takes notice for the respondents and filed counter affidavit. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner would submit that the Vinayagar Idol Procession is being conducted by the petitioner regularly in order to promote harmony among public; that a representation was given to the respondents, 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 Government Advocate for the respondents would submit that the representation of the petitioner dated 24.08.2016 will be considered and suitable orders will be passed thereon, if the petitioner agrees that the procession will be held between 03.00 p.m. to 05.00 p.m. after assembling in one place.

6. Once a representation has been received by the respondents, it is their bounden duty to decide on the same in one way or the other. Therefore, the respondents are directed to consider the representation of the petitioner dated 24.08.2016 and pass appropriate orders thereon taking into account the law and order problem and other aspects, prevailing in that area, well before the date of function.

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

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To:

1.

The Commissioner of Police, Madurai City,Madurai.

2.

The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram,Madurai.

3.

The Inspector of Police, Avaniyapuram Police Station, Avaniyapuram, Madurai 12.

The Inspector of Police, Thirunagar Police Station, Thirunagar, Madurai-6.

+1cc to M/S.R.GANESAN,ADVOCATE, SR NO:50613 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 50759 jikr JA-SS-3/SAR.3/07.09.2016/2P:7C W.P(MD) No.16819 of 2016 07.09.2016 https://hcservices.ecourts.gov.in/hcservices/