Madras High CourtWP(MD)/4680/2016disposed of

O.S. Gunasekaran v. The Superintendent Of Police

2016-03-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.4680 of 2016 O.S.Gunasekaran ... Petitioner vs.

1.The Superintendent of Police Theni District, Theni 2.The Inspector of Police Varusanadu Police Station Theni District ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to grant permission and necessary Police Protection to perform the cultural programme (ie) Dance Programme on 25.03.2016 at 06.00 pm to 10.30 pm in the festival of Arulmighu Sri Muthalamman Thriukovil at Murukkodai Varusanadu Post Theni District by considering the petitioners representation dated 04.03.2016. For Petitioner :

Mr.V.Manikandan For Respondents :

Mr.D.Muruganandham Addl. Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to grant permission and protection for cultural programme scheduled to be held on 25.03.2016 at 06.00 p.m. to 10.30 p.m. in Arulmighu Sri Muthalamman Thriukovil, at Murukkodai, Varusandu Post, Theni District, by considering the petitioner's representation, dated 04.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to perform the cultural event in Arulmighu Sri Muthalamman Thriukovil, at Murukkodai, Varusandu Post, Theni District, scheduled to be held on 25.03.2016 at 06.00 p.m. to 10.30 p.m. He would further submit that in this connection, a representation was given to the respondent police on 04.03.2016, 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 Additional Government Pleader for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

4. This Court is aware of the fact that the Election Commission of India has announced 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 any law and order problem.

5. In view of the limited scope of prayer sought for in this petition, the second respondent police is directed to pass orders in accordance with law either permitting or rejecting the representation, dated 04.03.2016, given by the petitioner, taking into account the law and order problem and other aspects, prevailing in the area, as expeditiously as possible.

6. With the above direction,this Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(W) /True Copy/ Sub Assistant Registrar.

To:

1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Varusanadu Police Station, Theni District.

+1CC to Mr.V.Manikandan, Advocate, SR.No. 13060 +1CC to the Special Government Pleader, SR.No. 13215 W.P.(MD) No.4680 of 2016 08.03.2016 AM/GSV.PM/SAR-I/09.03.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/