P.Nallathambi, v. The Superintendetn 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.6374 of 2016 P.Nallathambi ... Petitioner -vs1.

The Superintendent of Police, Madurai, Madurai District.

2.

The Inspector of Police, Valanthur Police Station, Madurai 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 adequate police protection to conduct the Adal Padal Dance Programme on 13.04.2016 on the eve of Temple festival in the Tamil Month of Panguni festival Sri Manthaiamman Temple situated in K.Vadugapatti, Kodikulam Village, Chekkanoorani, Usilampatti based on the petitioner's representation dated 29.03.2016.

For Petitioner:

Mr.M.Subash Babu 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 adequate police protection to conduct the Adal Padal Dance Programme on 13.04.2016 on the eve of Temple festival in the Tamil Month of Panguni festival Sri Manthaiamman Temple situated in K.Vadugapatti, Kodikulam Village, Chekkanoorani, Usilampatti based on the petitioner's representation dated 29.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 13.04.2016 in connection with the Temple festival in the Tamil Month of Panguni festival Sri Manthaiamman Temple situated in K.Vadugapatti, Kodikulam Village, Chekkanoorani, Usilampatti. He would further submit that in this connection, a representation was given to the respondent police on 29.03.2016, 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 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 29.03.2016, 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(CSII) /True Copy/ Sub-Assistant Registrar To:

1.

The Superintendent of Police, Madurai, Madurai District.

2.

The Inspector of Police, Valanthur Police Station, Madurai District.

+One cc to The Special Government Pleader, SR.No.18350 +One cc to Mr.M.Subash Babu, Advocate, SR.No.18166 ar RL/5c/2p/AN/MP/SARI/7/4/2016 W.P.(MD) No.6374 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 31.03.2016