Madras High CourtWP(MD)/5675/2016disposed of

S.Manikilas, v. The Superintendent Of Police

2016-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.5675 of 2016 S.Manikilas ... Petitioner -vs1. The Superintendent of Police, Pudukottai, Pudukottai District.

2. The Sub Inspector of Police, Malaiyur Police Station, Malaiyur, Pudukottai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the second respondent to grant permission and protection for Panguni Uthira Festival at Sri Vikra Vinayagar and Balamurugan Temple is situated at Kannakkankadu Village, Ponnanvidhuthi Post, Karambakudi Taluk, Pudukottai District "Adal Paadal" programme dated 23.03.2016 on the night on the basis of the petitioner's representation dated 15.03.2016. For Petitioner : Mr.G.Mathavan For Respondents : Mr.D.Muruganantham, Addl. Govt. Pleader

ORDER

This writ petition has been filed, seeking a direction to the second respondent to grant permission and protection for Adal Padal program scheduled to be held on 23.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal program 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 15.03.2016, 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 counsel on either side.

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 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 15.03.2016, given by the petitioner, taking into account the law and order problem and other aspects, prevailing in that area, as expeditiously as possible.

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

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

2. The Sub Inspector of Police, Malaiyur Police Station, Malaiyur, Pudukottai District.

3. The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.G.MATHAVAN, ADVOCATE IN SR NO. 16402 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 16311 AKV TE/AN-MP/SAR-I : 23/03/2016 : 2P/6C W.P.(MD)No.5675 of 2016 22.03.2016 https://hcservices.ecourts.gov.in/hcservices/