Madras High CourtWP(MD)/5715/2016disposed of

Kr. Nachiyappan v. The Superintendent Of Police,

2016-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.5715 of 2016 Kr.Nachiyappan ... Petitioner -Vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Sub Inspector of Police, Thirukkostiyur Police Station, Sivagangai 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 give permission with protection to conduct the cultural function at P.Karunkulam Police Stage, in connection with Panguni Padaippu Festival of Arulmigu Sree Paranachi Amman Temple at P.Karunkulam, Thiruppathur Taluk, Sivagangai District scheduled on 13.04.2016, based on the petitioner's representation dated 14.03.2016. For Petitioner : Mr.A.Prasanna Rajadurai for Mr.S.Muthalraj For Respondents : Mr.D.Muruganandam, Addl. Govt. 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 program scheduled to be held on 13.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal program scheduled to be held on 13.04.2016. He would further submit that in this connection, a representation was given to the respondent police on 14.03.2016, 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 14.03.2016, 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(CO)I/C /True copy/ Sub Assistant Registrar(CS) To

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

2. The Sub Inspector of Police, Thirukkostiyur Police Station, Sivagangai District.

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

+1cc to M/s.Na.Palaniyandi, Advocate in SR.16446 +1cc to the Special Government Pleader, in SR.16710 W.P.(MD)No.5715 of 2016 23.03.2016 akv PBK/GSV-PM/AR-I 24/03/2016 ::2P-6C:: (IT) https://hcservices.ecourts.gov.in/hcservices/