A.Murugesan, v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD).No.23612 of 2016 and W.M.P(MD)Nos.16974 & 16975 of 2016 A.Murugesan .. Petitioner Vs.

1.The Deputy Superintendent of Police(Rural), Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Thadikombu Police Station, Dindigul District.

3.S.Gowthaman .. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings No.Nil, dated 25.11.2016 and quash the same as illegal and unconstitutional and consequently, direct the 2nd respondent to grant permission and also provide adequate police protection for conduct and celebrate the "Karthigai" festival of Sri Kali Amman, Sri Mari Amman and Sri Bhagavathy Amman temple, Nandavanapatti, Dindigul District on 06.12.2016(Tuesday) or 13.12.2016 (Tuesday). For Petitioner : Mr.S.Sukumar For R-1 & R-2 : Mr.K.P.Krishnadoss, Government Advocate

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to quash the order of the second respondent, dated 25.11.2016.

2. The learned Government Advocate on instructions would submit that with regard to the conduct of temple festival in question, already a writ petition in W.P(MD)No.18389 of 2014 was filed and as per the direction of this Court issued in that writ petition, the Deputy Superintendent of Police(Rural), Dindigul District/First Respondent herein, has passed orders for the conduct of the temple festival in the year 2015, however, in this year, the petitioner's representation, dated https://hcservices.ecourts.gov.in/hcservices/

22.11.2016 was considered by the second respondent instead of first respondent. Hence, the impugned order of the second respondent, dated 25.11.2016, may be set aside and the first respondent may be directed to consider the representation of the petitioner.

3. In view of the submissions made by the learned Government Advocate, the impugned order of the second respondent, dated 25.11.2016, is set aside and the Writ Petition is allowed with a direction to the first respondent to consider the petitioner's representation, dated 22.11.2016 and pass orders on the same, as expeditiously as possible, after providing opportunity of hearing to all the necessary parties, preferably on or before 08.12.2016. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police(Rural), Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Thadikombu Police Station, Dindigul District.

+1cc to the Spl.Govt.Pleader in SR No.78944 +1cc to Mr.S.Sukumar, Advocate in SR No.78608 WP(MD)No.23612 of 2016 AND WMP(MD).16974 & 16975 OF 2016 02.12.2016 PM ANR/GSV-PM/02.12.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/