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Madras High CourtWP(MD)/6407/2016disposed of

Veerathevar, v. The Superintendent Of Police,

2016-04-01Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6407 of 2016 Veerathevar .. Petitioner -vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Andipatti Police Station, Andipatti, Theni District.

3.The Sub Inspector of Police, Kanavilakku 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 give police permission and adequate police protection to the Vallithirumanam Festival on 05.04.2016 at about 07.00pm and Adal Padal Festival scheduled on 06.04.2016 at about 07.00 pm. at Arulmigu Sri Manthaiamman Temple in Thirumalapuram Village, Kunnor Post, Andipatti Taluk, Theni District.

For Petitioner : Mr.M.Jegadeesh Pandian 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 give police permission and adequate police protection to the Vallithirumanam Festival on 05.04.2016 at about 07.00pm and Adal Padal Festival scheduled on 06.04.2016 at about 07.00 pm. at Arulmigu Sri Manthaiamman Temple in Thirumalapuram Village, Kunnor Post, Andipatti Taluk, Theni District.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Vallithirumanam Festival on 05.04.2016 at about 07.00pm and Adal Padal Festival scheduled on 06.04.2016 at about 07.00 pm. at Arulmigu Sri Manthaiamman Temple in Thirumalapuram Village, Kunnor Post, Andipatti Taluk, Theni District. He would further submit that in this connection, a representation was given to the respondent police on 28.03.2016, 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 on either side.

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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 is directed to pass orders in accordance with law either permitting or rejecting the representation dated 28.03.2016, given by the petitioner, taking into account the law and order problem and other aspects, prevailing in the area, as expeditiously as possible.

6.With the above direction,this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub AssistantRegistrar To:

1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Andipatti Police Station, Andipatti, Theni District.

3.The Sub Inspector of Police, Kanavilakku Police Station, Theni District.

4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.M.Jegadeesh Pandian, Advocate in SR.No.18425 +1cc to special Government Pleader Sr.NO.18663 sm:SK-SKN:AR I:04.04.2016:2P/7c W.P.(MD) No.6407 of 2016 01.04.2016 https://hcservices.ecourts.gov.in/hcservices/