Rajadurai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Rajadurai ... Petitioner vs.

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

2.The Inspector of Police, Pazhavur Police Station, Radhapuram Taluk, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to give permission and adequate police protection for the peaceful performance of the Kodai festival scheduled to be held on 17.12.2020 to 19.12.2020 in Arulmighu Sri Utchipuli Mayavar Temple situated at Chithambarapuram, Pazhavur Village, Radhapuram Taluk, Tirunelveli District, on the basis of petitioners representation, dated 09.11.2020.

For Petitioner : Mr.K. Arunraj For Respondents : Mr.R. Srinivasan Government Advocate

O R D E R

This Writ petition has been filed seeking for a direction to the respondents to give permission and adequate police protection for the peaceful performance of the Kodai festival scheduled to be held on 17.12.2020 to 19.12.2020 in Arulmighu Sri Utchipuli Mayavar Temple situated at Chithambarapuram, Pazhavur Village, Radhapuram Taluk, Tirunelveli District, on the basis of petitioners representation, dated 09.11.2020.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. In the affidavit, it has been stated that the petitioner is residing at Pazhavur Village and his village people and adjacent area peoples have decided to conduct Kodai Festival scheduled to be held on 17.12.2020 to 19.12.2020 of 'Arulmigu Sri Utchipuli Mayavar Temple'. It is further stated that during the festival days, so many events have been celebrating, like, Karagam, Pongal, Mulaipari, Distributing Annathanam and Thiruvilakku Pooja. Hence, the Members of Vizha Committee along with village people appeared and 1/3

represented personally before the second respondent on 07.11.2020 seeking permission for conducting Kodai Festival of 'Arulmigu Sri Utchipuli Mayavar Temple', but, the second respondent has not passed any order sofar. Hence, he made a representation to the respondents, dated 09.11.2020 through registered post and sought for permission to conduct Kodai festival. But, till date, the respondents have not considered the same. Hence, the petitioner is before this Court.

5. Though the learned counsel for the petitioner has sought for a direction to the respondents, he submitted that it would be suffice, if a direction is issued to the respondents to consider the representation of the petitioner, dated 09.11.2020, within a time frame that may be stipulated by this Court, for which, the learned counsel for the respondents has no objection for considering the representation.

6. Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents.

7. Considering the submission made by both counsel and without adverting to the merits of the case, the respondents are directed to dispose the representation of the petitioner, dated 09.11.2020 and pass orders on merits and in accordance with law, within a period of One Week, from the date of receipt of a copy of this order. It is needless to say that the petitioner is directed to send the copy of the representation along with this order copy to the respondents. 8.With the above directions, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

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To:- 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Pazhavur Police Station, Radhapuram Taluk, Tirunelveli District.

30.11.2020 SS(CO) KK(30.11.2020) 3 P 3C 3/3