S.Paramasivam, S/O.Sorattaiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6176 of 2016 S.Paramasivam ... Petitioner -vs1. The Inspector of Police, Othakadai Police Station, Madurai District.

2. The Superintendent of Police, Madurai District, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the first respondent to grant permission to the petitioner to perform the "Muthalamman Drama" on 15.04.2016 between 9.00 p.m. to 5.00 a.m. and "Adal Padal" on 16.04.2016 between 6.30 p.m. to 10.30 p.m. scheduled to be held at Adaikalam Katha Ayyanar Temple in Chidamparampatty, Y.Kodikulam Post, Othakadai Taluk, Madurai District consequently police protection.

For Petitioner : Mr.R.Santhanam 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 Programme scheduled to be held on 15.04.2016 and 16.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct "Adal Padal Programme" scheduled to be held on 15.04.2016 and 16.04.2016. He would further submit that in this connection, a representation was given to the respondent police on 19.03.2016, 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.

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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.

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 19.03.2016, 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(T&P) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Othakadai Police Station, Madurai District.

2. The Superintendent of Police, Madurai District, Madurai.

+One cc to The Special Government Pleader, SR.No.17673 +One cc to Mr.R.Santhanam, Advocate, SR.No.17673 akv RL/5C/2P/AN/MP/ARI/6/4/2016 W.P.(MD)No.6176 of 2016 30.03.2016 https://hcservices.ecourts.gov.in/hcservices/