M. Paramasivam v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6315 of 2016 M.Paramasivam ... Petitioner -vs1.

The Superintendent of Police, Theni District, Theni.

2.

The Inspector of Police, Periyakulam 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 necessary protection to perform the village cultural programme, i.e. Adal padal on 06.04.2016 at 7.00pm to 10.30pm in the eve of Arulmighu Sri Muthalamman Kovil at E.Pudupatti, Village, Periyakulam Taluk, Theni District by considering the petitioner's representation dated 26.03.2016.

For Petitioner :

Mr.C.Bethanasamy 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 necessary protection to perform the village cultural programme, i.e. Adal padal on 06.04.2016 at 7.00pm to 10.30pm in the eve of Arulmighu Sri Muthalamman Kovil at E.Pudupatti, Village, Periyakulam Taluk, Theni District by considering the petitioner's representation dated 26.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 06.04.2016 in connection with Arulmighu Sri Muthalamman Kovil at E.Pudupatti, Village, Periyakulam Taluk, Theni District. He would further submit that in this connection, a representation was given to the respondent police on 26.03.2016, with a request to grant permission to the said programme on the above said date. However, the respondent Police has not yet considered the said https://hcservices.ecourts.gov.in/hcservices/

representation and hence, the petitioner is before this Court with this Writ Petition.

3. Heard the learned counsel for the petitioner. Mr.D.Muruganandam, learned Additional Government Pleader takes notice for the respondents.

4. This Court is aware of the fact that the Election Commission of India has already 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 any 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 26.03.2016, 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(R) /True Copy/ Sub-Assistant Registrar To:

1.

The Superintendent of Police, Theni District, Theni.

2.

The Inspector of Police, Periyakulam Police Station, Theni District.

3.

The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+One cc to M/s.C.Bethanasamy, Advocate, SR.No.18131 +One cc to The Special Government Pleader, SR.No.18337 ar RL/6C/2P/NGM/SS/ARI/4/4/2016 W.P.(MD) No.6315 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 31.03.2016