Madras High CourtWP(MD)/4398/2016disposed of

C.Murugesan, S/O.N.Chellaih v. The Commissioner Of Police

2016-03-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.4398 of 2016 C.Murugesan ... Petitioner -vs1.The Commissioner of Police Commissioner Office, Palayamkottai, Tirunelveli District.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission for conducting the Maha Shivarathri Poojas and related functions from 07.03.2016 evening 06.00 p.m. to 08.03.2016 till morning 06.00 a.m. at Arulmigu Kombu Madasamy Kovil situated at Cheranmahadevi Road, Pettai, Tirunelveli District in connection with the Maha Shivarathri Poojas by considering the representation of the petitioner, dated 20.02.2016.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to grant permission and protection for Maha Shivarathri Poojas and related functions from 07.03.2016 evening 06.00 p.m. to 08.03.2016 till morning 06.00 a.m. at Arulmigu Kombu Madasamy Kovil situated at Cheranmahadevi Road, Pettai, Tirunelveli District.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Maha Shivarathri Poojas and related functions from 07.03.2016 evening 06.00 p.m. to 08.03.2016 till morning 06.00 a.m. at Arulmigu Kombu Madasamy Kovil situated at Cheranmahadevi Road, Pettai, Tirunelveli District. He would further submit that in this connection, a representation was given to the respondent police on 20.02.2016, with a request to grant permission to conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.

3. Heard the learned counsel on either side.

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4. This Court is aware of the fact that the Election Commission of India is likely to announce time table for elections to the State

Assembly and therefore, the Police will be under much strain. Under such circumstances, it will not be advisable to grant permission for such programmes, if there are going to be a law and order problem.

5. However, in view of the limited scope of prayer sought for in this petition, the respondent police are directed to pass orders on merits and in accordance with law either permitting or rejecting the representation dated 20.02.2016, given by the petitioner, taking into account the law and order problem and other aspects including the rival parties, prevailing in that area, as expeditiously as possible. With the above direction, this Writ Petition is disposed of. Sd/ Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To:

1.The Commissioner of Police Commissioner Office, Palayamkottai, Tirunelveli District.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

3.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.S.C.Herold Singh, Advocate in SR.No.12556 W.P.(MD) No. 4398 of 2016 04.03.2016 jikr PA/GSV-PM/AR(CO)/04.03.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/