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Madras High CourtWP(MD)/6355/2016disposed of

P.Subbaiah, S/O.Periyasamy v. The Inspector 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.6355 of 2016 P.Subbaiah ... Petitioner -vsThe Inspector of Police, Mathaku Patti Police Station, Sivagangai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent to grant permission and protection for cultural event, namely, Adal Padal scheduled to be held on 02.05.2016 at night in connection with Sithirai Festival in Arulmigu Sri Ezhai Kaatha Amman Kovil at Keela Poongkudi Village, Sivagangai Taluk, Sivagangai District by considering the petitioner's representation dated 30.03.2016. For Petitioner:

Mr.S.Selvakumar For Respondent:

Mr.D.Muruganandam, Additional Government Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondent to grant permission and protection for cultural event, namely, Adal Padal scheduled to be held on 02.05.2016 at night in connection with Sithirai Festival in Arulmigu Sri Ezhai Kaatha Amman Kovil at Keela Poongkudi Village, Sivagangai Taluk, Sivagangai District by considering the petitioner's representation dated 30.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 02.05.2016 in connection with Sithirai Festival in Arulmigu Sri Ezhai Kaatha Amman Kovil at Keela Poongkudi Village, Sivagangai Taluk, Sivagangai District. He would further submit that in this connection, a representation was given to the respondent police on 30.03.2016, 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 for the petitioner. Mr.D.Muruganandam, learned Additional Government Pleader takes notice for the respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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 30.03.2016, 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 (AS) /True copy/ Sub Assistant Registrar To:

1.

The Inspector of Police, Mathaku Patti Police Station, Sivagangai District.

2.

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

+1 CC to M/s.S.SELVAKUMAR, Advocate, SR No.18148 +1 CC to the Special Government Pleader, SR No.18345 W.P.(MD) No.6355 of 2016 31.03.2016 ar SH/GSV-PM/SAR-I :15.04.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/