M.Alagudurai, S/O.Mani, v. The Superintendent Of Police,

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.5999 of 2016 M.Alagudurai ... Petitioner -vs1.

The Superintendent of Police, Theni District, Theni.

2.

The Sub Inspector of Police, Andipatti Police Station, Andipatti Taluk 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 necessary protection to perform the village cultural programme ie. Adal Padal on 05.04.2016 at 7.00 p.m. to 10.30 pm. In the eve of Arulmighu Sri Mariamman Kovil at T.Anaikaraipatti, T.Subbulapuram, Andipatti Taluk, Theni District by considering the petitioner's representation dated 22.03.2016.

For Petitioner : Mr.C.Bethanasamy For Respondent : 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 necessary protection to perform the village cultural programme ie. Adal Padal on 05.04.2016 at 7.00 p.m. to 10.30 pm. In the eve of Arulmighu Sri Mariamman Kovil at T.Anaikaraipatti, T.Subbulapuram, Andipatti Taluk, Theni District by considering the petitioner's representation dated 22.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal programme scheduled to be held on 06.04.2016. He would further submit that in this connection, a representation was given to the respondent police on 22.03.2016, 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.

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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.

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 22.03.2016, 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(R) /True Copy/ Sub Assistant Registrar.

To 1.

The Superintendent of Police, Theni District, Theni.

2.

The Sub Inspector of Police, Andipatti Police Station, Andipatti Taluk Theni District.

3.

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

+1CC to M/S.C.Bethanasamy, Advocate, SR.No. 17138 +1CC to the Special Government Pleader, SR.No. 17259 W.P.(MD)No.5999 of 2016 28.03.2016 AM/AN.MP/AR-I/29.03.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/