P.Subramanian v. The Superintendent Of Police

W.P(MD)No.17184 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.17184 of 2020 P.Subramanian .. Petitioner Versus.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

.. Respondents Prayer: Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to give necessary permission and provide adequate police protection to Pongal celebration, Poochatti and Mullaipari taken and Poojas of God Sri Mandhaiyamman scheduled on 27.11.2020 at 10.00 pm at Sri Mandhaiyamman Thirukovil, Pottapalayam, Thiruppuvanam Taluk, Sivagangai District on the basis of the petitioner's representation dated 19.11.2020.

For Petitioner : Mr.M.Shakul Hameed For Respondents : Mr.R.Srinivasan, Government Advocate.

O R D E R

This Writ Petition has been filed to direct the respondents herein to give necessary permission and provide adequate police protection to Pongal celebration, Poochatti and Mullaipari taken and Poojas of God Sri Mandhaiyamman scheduled on 27.11.2020 at 10.00 pm at Sri Mandhaiyamman Thirukovil, Pottapalayam, Thiruppuvanam Taluk, Sivagangai District on the basis of the petitioner's representation dated 19.11.2020 2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner is willing to conduct the festival on some other day. He further would submit that the petitioner will submit a fresh representation to the respondents and the same may be directed to be considered. He would also submit that there is no communal issue and there is no rival claim.

The petitioner gives further undertaking that he will ensure that the entire event is conducted in a most peaceful manner. The petitioner is ready to abide by any advisory that may be issued by the respondents herein. The petitioner will https://hcservices.ecourts.gov.

W.P(MD)No.17184 of 2020 ahere to the social distancing norms and any other advisory that may be issued by the second respondent.

3.Heard the learned counsel on either side.

4. Recording the petitioner's undertaking, the petitioner is at liberty to give fresh representation to the respondents. On receipt of the such representation given by the petitioner, the respondents are directed to consider the petitioner's representation on its own merits and pass appropriate orders forthwith. It is made clear that during the above festival period, the participants shall adhere to the social distancing norms and any other advisory that may be issued by the second respondent. It is open to the respondents to stipulate appropriate conditions for ensuring the smooth conduct of the event.

5. The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Das 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.

To 1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.17184 of 2020 27.11.2020 NR (30/11/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2