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Madras High CourtWP(MD)/6353/2016disposed of

K.Krishnamoorthy v. The Superintendent Of Police

2016-03-31Honourable Mr Justice P. N. Prakash2 pages

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.6353 of 2016 K.Krishnamoorthy ... Petitioner -vs1.

The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.

The Sub-Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai 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 protection for Adal Padal programme perform in Chithirai Pournami Thiruvizha scheduled to be held on 18.04.2016 from 8pm to 11.30pm at Arulmigu Sri Pidariamman Thirukovil at Pidarikadu Village, Mannakudi, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 26.03.2016.

For Petitioner:

Mr.R.Karthic Rajan 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 performed in Chithirai Pournami Thiruvizha scheduled to be held on 18.04.2016 from 8pm to 11.30pm at Arulmigu Sri Pidariamman Thirukovil at Pidarikadu Village, Mannakudi, Aranthangi Taluk, Pudukkottai 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 18.04.2016 in connection with Chithirai Pournami Thiruvizha scheduled to be held on 18.04.2016 from 8pm to 11.30pm at Arulmigu Sri Pidariamman Thirukovil at Pidarikadu Village, Mannakudi, Aranthangi Taluk, Pudukkottai 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 conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is before this Court with this Writ Petition. petitioner is before this Court with this Writ Petition.

3. Heard the learned counsel for the petitioner.

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

notice for the respondents.

4. This Court is aware of the fact that the Election

4. This Court is aware of the fact that the Election Commission of India has already announced time table for elections Commission of India has already announced time table for elections to the State Assembly and therefore, the Police will be under much to the State Assembly and therefore, the Police will be under much strain. Under such circumstances, it will not be advisable to strain. Under such circumstances, it will not be advisable to grant permission for such programmes, if there are going to be any grant permission for such programmes, if there are going to be any law and order problem.

law and order problem.

5. However, in view of the limited scope of prayer sought for

5. However, in view of the limited scope of prayer sought for in this petition, the respondent police are directed to pass in this petition, the respondent police are directed to pass orders on merits and in accordance with law either permitting or orders on merits and in accordance with law either permitting or rejecting the representation dated 26.03.2016, given by the rejecting the representation dated 26.03.2016, given by the petitioner, taking into account the law and order problem and petitioner, taking into account the law and order problem and other aspects, prevailing in that area, as expeditiously as other aspects, prevailing in that area, as expeditiously as possible.

possible.

With the above direction, this Writ Petition is disposed of. With the above direction, this Writ Petition is disposed of. Sd/ Sd/ Assistant Registrar(P&A) Assistant Registrar(P&A) /True Copy/ /True Copy/ Sub Assistant Registrar Sub Assistant Registrar To:

To:

1.

1.

The Superintendent of Police, The Superintendent of Police, Pudukkottai District, Pudukkottai District, Pudukkottai.

Pudukkottai.

2.

2.

The Sub-Inspector of Police, The Sub-Inspector of Police, Nagudi Police Station, Nagudi Police Station, Nagudi, Pudukkottai District.

Nagudi, Pudukkottai District.

3.

3.

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

Madurai.

+1cc to Special Government Pleader in Sr.No.18343 +1cc to Special Government Pleader in Sr.No.18343 +1cc to Mr.R.Karthic Rajan Advocate SR.No. 13135 +1cc to Mr.R.Karthic Rajan Advocate SR.No. 13135 CN/SK-SKN/1.4.2016/2P-5C CN/SK-SKN/1.4.2016/2P-5C W.P.(MD) No.6353 of 2016 W.P.(MD) No.6353 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 31.03.2016 31.03.2016