S.Manickam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN S.Manickam ... Petitioner Vs.
1. The Superintendent of Police, Virudhunagar District.
2. The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to grant permission to perform the program of Adal Padal on 14.08.2019 night at about 07.00pm to 11.00pm in connection with the temple festival in Arulmighu Sri Kaliamman Thirukkovil which is situated at Oorampatti, Maraneri Post, Sivakasi Taluk, Virudhunagar District and to provide adequate police protection, based on the petitioner's representation dated 24.07.2019.
For Petitioner : Mr.M.Pandiarajan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)
O R D E R
This Writ Petition has been filed seeking a direction to the respondents to grant permission to perform the programme of Adal Padal on 14.08.2019 night at about 07.00pm to 11.00pm in connection with the temple festival in Arulmighu Sri Kaliamman Thirukkovil, at Oorampatti, Maraneri Post, Sivakasi Taluk, Virudhunagar District and to provide adequate police protection, based on the petitioner's representation dated 24.07.2019.
2. Heard both sides.
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3. The grievance of the petitioner is that seeking permission and protection to conduct the Cultural Programme on 14.08.2019 in the above said temple, the petitioner made a representation on 24.07.2019 to the respondents and the said representation was not considered so far. Hence, the present Writ Petition has been filed for the aforesaid relief.
4. Today, the Special Sub Inspector of Police, Maraneri Police station is present before this Court and the learned Government Advocate (Crl.side) on instructions would submit that already the petitioner's representation has been considered and permission to conduct the Adal Padal Programme has been rejected on the ground that the petitioner belongs to particular community and the other community peoples are also residing in that area and if the cultural programme is conducted, it is likely to create law and order problem in that area. The learned Government Advocate (Crl.side) has also produced the copy of the order.
5. The learned counsel appearing for the petitioner would submit that every year, the temple festival is being conducted, so far no untoward incident took place and the order has been passed only on apprehension and there is no real law and order problem in that area. The leaned Government Advocate (Crl.side) has also not disputed the above said fact and submitted that only on anticipation of law and order problem, the order has been passed.
6. Considering the fact that every year the petitioner's villagers conducted the temple festival and so far no law and order problem in that area and in anticipation this order has been passed, the petitioner is directed to give a fresh representation to the second respondent immediately and the second respondent is directed to consider the petitioner's representation and grant permission by imposing necessary condition for maintaining law and order in that area.
7. With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) 2/3
To
1. The Superintendent of Police, Virudhunagar District.
2. The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
+1 CC to M/s.M.PANDIARAJAN, Advocate ( SR-80681[F] dt.08/08/2019 ) Order made in Dated: 08.08.2019 akv JMN(13.08.2019) 3P : 4C 3/3