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Madras High CourtWP(MD)/6446/2016disposed of

M. Mahalingam 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.6446 of 2016 M.Mahalingam

...Petitioner

-vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Police Station, Usilampatti.

...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 cultural event namely such as Aadal Padal Katcheri scheduled to be held on 08.04.2016 at night in connection with Pongal Festival at Arulmigu Sri Manthaiamman Kovil at Kookadayanpatti Village Madurai District.

For Petitioner :

Mr.M.Sangili 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 cultural event namely such as Aadal Padal Katcheri scheduled to be held on 08.04.2016 at night in connection with Pongal Festival at Arulmigu Sri Manthaiamman Kovil at Kookadayanpatti Village Madurai District.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to perform the cultural event namely such as Aadal Padal Katcheri scheduled to be held on 08.04.2016 at night in connection with Pongal Festival at Arulmigu Sri Manthaiamman Kovil at Kookadayanpatti Village Madurai 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.

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

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 Assistant Registrar(CS) To:

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

2.The Inspector of Police, Usilampatti Police Station, Usilampatti.

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

+1cc to M/s.M.Sangili, Advocate in SR.18460 +1cc to the Special Government Pleader, in SR.18662 W.P.(MD) No.6446 of 2016 01.04.2016 ssl PBK/SK-SKN/AR-I 04/04/2016 ::2P-6C:: (IT) https://hcservices.ecourts.gov.in/hcservices/