Madras High CourtWP(MD)/5324/2016disposed of

R.Kalaiyarasan, v. The Superintendent Of Police,

2016-03-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2016 DATED: 17.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.5324 of 2016 W.P.(MD) No.5324 of 2016 R.Kalaiyarasan R.Kalaiyarasan ... Petitioner ... Petitioner -vs- -vs1. The Superintendent of Police,

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

Pudukkottai.

2. The Sub Inspector of Police,

2. The Sub Inspector of Police, Vadakaadu Police Station, Vadakaadu Police Station, Pudukkottai District.

Pudukkottai District.

... Respondents ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2 of India for issuance of a writ of Mandamus, directing the 2nd nd respondent to give permission with protection to conduct the respondent to give permission with protection to conduct the cultural function at Vanakkankaadu Public Stage, in connection cultural function at Vanakkankaadu Public Stage, in connection with Panguni Festival of Arulmigu Sree Kathayamman Temple, at with Panguni Festival of Arulmigu Sree Kathayamman Temple, at Vanakkankaadu, Karambakudi Taluk, Pudukkottai District scheduled Vanakkankaadu, Karambakudi Taluk, Pudukkottai District scheduled on 09.04.2016 based on the petitioner's representation dated on 09.04.2016 based on the petitioner's representation dated 07.03.2016.

07.03.2016.

For Petitioner For Petitioner : Mr.S.Muthalraj : Mr.S.Muthalraj For Respondents For Respondents : Mr.D.Muruganandam, : Mr.D.Muruganandam, Addl. Govt. Pleader Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the This writ petition has been filed, seeking a direction to the respondents to grant permission and protection for conducting respondents to grant permission and protection for conducting cultural function at Vanakkankaadu Public Stage, in connection cultural function at Vanakkankaadu Public Stage, in connection with Panguni Festival of Arulmigu Sree Kathayamman Temple, at with Panguni Festival of Arulmigu Sree Kathayamman Temple, at Vanakkankaadu, Karambakudi Taluk, Pudukkottai District scheduled Vanakkankaadu, Karambakudi Taluk, Pudukkottai District scheduled on 09.04.2016.

on 09.04.2016.

2. L

2. Learned counsel for the petitioner would submit that the earned counsel for the petitioner would submit that the villagers jointly decided to conduct cultural program scheduled to villagers jointly decided to conduct cultural program scheduled to be held on 09.04.2016 at Vanakkankaadu Public Stage, in connection be held on 09.04.2016 at Vanakkankaadu Public Stage, in connection with Panguni Festival of Arulmigu Sree Kathayamman Temple. He with Panguni Festival of Arulmigu Sree Kathayamman Temple. He would further submit that in this connection, a representation was would further submit that in this connection, a representation was given to the respondent police on 07.03.2016, with a request to given to the respondent police on 07.03.2016, with a request to grant permission to conduct the programme on the above said date.

grant permission to conduct the programme on the above said date. However, the respondent Police has not yet considered the said However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with representation and hence, the petitioner is before this Court with this Writ Petition.

this Writ Petition.

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

3. Heard the learned counsel on either side.

4. This Court is aware of the fact that the Election

4. This Court is aware of the fact that the Election Commission of India has announced time table for elections to the Commission of India has announced time table for elections to the State Assembly and therefore, the Police will be under much State Assembly and therefore, the Police will be under much strain. Under such circumstances, it will not be advisable to strain. Under such circumstances, it will not be advisable to grant permission for such programmes, if there are going to be a grant permission for such programmes, if there are going to be a law and order problem.

law and order problem.

5. However, in view of the limited scope of prayer sought for

5. However, in view of the limited scope of prayer sought for in this petition, the respondent police are directed to pass in this petition, the respondent police are directed to pass orders on merits and in accordance with law either permitting or orders on merits and in accordance with law either permitting or rejecting the representation dated 07.03.2016, given by the rejecting the representation dated 07.03.2016, given by the petitioner, taking into account the law and order problem and petitioner, taking into account the law and order problem and other aspects, prevailing in that area, as expeditiously as other aspects, prevailing in that area, as expeditiously as possible.

possible.

With the above direction, this Writ Petition is disposed of. With the above direction, this Writ Petition is disposed of. Sd/ Sd/ Assistant Registrar (P&A) Assistant Registrar (P&A) /True Copy/ /True Copy/ Sub Assistant Registrar Sub Assistant Registrar To:

To:

1. The Superintendent of Police,