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Madras High CourtWP(MD)/5119/2016ordered

S. Pounraj, v. The Superintendent Of Police

2016-03-14Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.5119 of 2016 S.Pounraj ... Petitioner vs.

1.The Superintendent of Police Tirunelveli District, Tirunelveli 2.The Inspector of Police Pavoorchatram Police Station Tirunelveli 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 to perform Dance Programme and Innisai Kacheri of Panguni Uthirai Festival at Shri Arulmighu Sivasastha Temple in Sivanadanoor Tenkasi Tk Tirunelveli District dated 23.03.2016 based on the petitioners Application dated 27.01.2016.

For Petitioner : Mr.Ananth C.Rajesn 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 Adal Padal programme scheduled to be held on 23.03.2016 in the eve of Panguni Uthirai Festival, at Shri Arulmighu Sivasastha Temple, in Sivanadanoor, Tenkasi Taluk, Tirunelveli District, by considering the petitioner's representation, dated 27.01.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to perform the cultural event in Panguni Uthirai Festival, at Shri Arulmighu Sivasastha Temple, in Sivanadanoor, Tenkasi Taluk, Tirunelveli District, scheduled to be held on 23.03.2016. He would further submit that in this connection, a representation was given to the respondent police on 27.01.2016, 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 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 27.01.2016, 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(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To:

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

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

+1 cc to Special Government Pleadaer SR No.14383 +1 cc to Mr.Ananth C.Rajesn, Advocate, SR No.14158 rg.AAL-MPA/SAR-I 18.03.2016 2P.5C W.P.(MD) No.5119 of 2016 14.03.2016