Madras High CourtWP(MD)/5681/2016disposed of

A.Gandhi, S/O.Andiappan 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.5681 of 2016 A.Gandhi ..Petitioner -vs1. The Superintendent of Police, Theni District, Theni.

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

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission and protection for Adal Padal programme perform in "Thiruvizha" scheduled to be held on 06.04.2016 and 08.04.2016 at Arulmigu Sri Muthalamman Thirukovil at G.Kallupatti Post, Genguvarpatti Via, Periyakulam Taluk, Theni District, by considering the petitioner's representation dated 04.03.2016.

For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.D.Muruganandam, Addl. Govt. 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 program scheduled to be held on 06.04.2016 and 08.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal program scheduled to be held on 06.04.2016 and 08.04.2016. 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 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 circumstances, it will not be advisable to grant permission for such programmes, if there are going to be a law and order problem. https://hcservices.ecourts.gov.in/hcservices/

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 04.03.2016, 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(Records) /True copy/ Sub Assistant Registrar(CS) To

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

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

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

+1cc to M/s.R.Karthick Rajan, Advocate in SR.16131 +1cc to the Addl.Government Pleader, in SR.16315 W.P.(MD)No.5681 of 2016 22.03.2016 akv PBK/AN-MP/AR-I 23/03/2016 ::2P-6C:: (IT) https://hcservices.ecourts.gov.in/hcservices/