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Madras High CourtWP(MD)/4856/2016disposed of

S.Vanarajan, v. The Superintendent Of Police,

2016-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.4856 of 2016 S.Vanarajan ... Petitioner vs.

1.The Superintendent of Police Theni, Theni District 2.The Inspector of Police Varusanadu Police Station Andipatti Taluk, 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 2nd respondent to consider petitioner's representation dated 01.03.2016 and to grant permission on the basis of his representation to conduct Adal Padal programme on 23.03.2016 from 7.00 p.m. to 2.00 p.m. at Sri Kaliamman Temple festival situated at Thummakundu Village Andipatti Taluk Theni District.

For Petitioner :

Mr.M.Jeyaprakash For Respondents :

Mr.D.Muruganandham Addl. Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the second respondent to grant permission and protection for Adal Padal programme scheduled to be held, on 23.03.2016 from 7.00 p.m. to 2.00 p.m., in Sri Kaliamman Temple, Thummakundu Village, Andipatti Taluk, Theni District, by considering the petitioner's representation, dated 01.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to perform the cultural event in Sri Kaliamman Temple, Thummakundu Village, Andipatti Taluk, Theni District, scheduled to be held on 23.03.2016 from 7.00 p.m. to 2.00 p.m. He would further submit that in this connection, a representation was given to the respondent police on 01.03.2016, 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.

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

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 01.03.2016, 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(AS) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To:

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

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

+1cc to Special Government Pleader in SR.No.13881 +1cc to M/S.C.M.Ganesan, Advocate in SR.No.13654 W.P.(MD) No.4856 of 2016 10.03.2016 krk PA/GSV-PM/SAR I/11.03.2016/2p/5c(IT) https://hcservices.ecourts.gov.in/hcservices/