Madras High CourtWP(MD)/17584/2020disposed of

E.Gurusamy v. The Superintendent Of Police

2020-12-04Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD).No.17584 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.17584 of 2020 E.Gurusamy .. Petitioner

Versus

1.The Superintendent of Police, O/o.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

3.Vembuli .. Respondents Prayer: Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to provide adequate police protection for celebrating the temple festival (Kodai Function) of Arulmigu Sri Vadakaasi Amman situated in Achampatti Village, Vadakku Pudur Taluk, Tenkasi District from 07.12.2020 to 09.12.2020 in a peaceful manner and to erect a Loudspeaker in the Temple, based on the petitioner's representation dated 24.11.2020 made through registered post. For Petitioner : Mr.P.Balamurugan For R1 and R2 : Mr.R.Srinivasan, Government Advocate

O R D E R

This writ petition has been filed to direct the respondents to provide adequate police protection for celebrating the temple festival (Kodai Function) of Arulmigu Sri Vadakaasi Amman situated in Achampatti Village, Vadakku Pudur Taluk, Tenkasi District from 07.12.2020 to 09.12.2020 in a peaceful manner and to erect a Loudspeaker in the Temple, based on the petitioner's representation dated 24.11.2020 made through registered post. 2.The learned counsel appearing for the petitioner reiterated all the contentions set out in the memorandum of the grounds. He would further submit that in the petitioner's village, there are more than 1000 families and they have decided to conduct the aforesaid festival on 07.12.2020 to 09.12.2020. In this regard, the petitioner made a representation dated 24.11.2020 to the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.17584 of 2020 respondent. But the official respondents have not taken any positive action in the said representation dated 24.11.2020. Hence, the petitioner filed this present petition.

3.The learned Government Advocate(Crl.Side) on instructions would state that the petitioner is always at liberty to conduct the festival with terms and conditions prescribed by the respondents/Police based on the present Pandemic situation, provided, if there is no other dispute.

4.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) for the respondents 1 and 2. In view of the order going to be passed, notice to the 3rd respondent is not necessary.

5.Considering the submissions made on either side, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 24.11.2020 and pass appropriate orders in accordance with law by giving opportunity to the 3rd respondent. It is needless to say that the respondents/Police are entitled to stipulate any conditions to ensure smooth conduct of the festival. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) 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, O/o.The Superintendent of Police,Tenkasi District,Tenkasi. 2.The Inspector of Police, Sankarankovil Taluk Police Station,Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.17584 of 2020 04.12.2020 ARK(CO) AP(04/12/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2