Madras High CourtWP(MD)/5879/2016disposed of

M. Sonai Muthu v. The Inspector Of Police,

2016-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.5879 of 2016 M.Sonai Muthu

...Petitioner

-vsThe Inspector of Police, Vadipatti Police Station, Madurai.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent herein to grant permission and give necessary police protection to conduct the 'Aadalum Padalum' dance programme on 28.03.2016 from 7.00 p.m., to 11.00 p.m., in pursuant to 'Urchava Vizha' of the Arulmigu Sri Uchi Maha Kaliamman Temple' situated at T.Mettupatti, Vadipatti Taluk, Maduai District considering the petitioner's representation dated 17.03.2016. For Petitioner : Mr.M.Palaniraja For Respondent : Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent herein to grant permission and give necessary police protection to conduct the 'Aadalum Padalum' dance programme on 28.03.2016 from 7.00 p.m., to 11.00 p.m., in pursuant to 'Urchava Vizha' of the Arulmigu Sri Uchi Maha Kaliamman Temple' situated at T.Mettupatti, Vadipatti Taluk, Maduai District considering the petitioner's representation dated 17.03.2016.

2.Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal program scheduled to be held on 28.03.2016. He would further submit that in this connection, a representation was given to the respondent police on 17.03.2016, 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 17.03.2016, 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. No costs.

Sd/- Assistant Registrar(CO)I/C /True copy/ Sub Assistant Registrar(CS) To 1.The Inspector of Police, Vadipatti Police Station, Madurai.

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

+1cc to M/s.M.Palaniraja, Advocate in SR.17123 W.P.(MD)No.5879 of 2016 28.03.2016 rr.

PBK/AAL-MPA/SAR-I 28/03/2016 ::2P-4C::(IT) https://hcservices.ecourts.gov.in/hcservices/