Madras High CourtWP(MD)/6508/2016disposed of

Mallinga Naicker, v. The Superintendent Of Police,

2016-04-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6508 of 2016 Mallinga Naicker ... Petitioner -vs1.The Superintendent of Police, Theni District, Theni 2.The Inspector of Police, Jeyamangalam Police Station, Jeyamangalam 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 herein to permit the petitioner to conduct "Valli thirumana Drama and Karakattam" village cultural program during Arulmigu Sri Kaliamman and Sri Bhagavathi Amman Thirukovil, A.Vadipatti Periyakulam Taluk, Theni District on 04.05.2016 and 05.05.2016 and consider the petitioner representation dated 21.03.2016.

For Petitioner : Ms.Lakshmi Gopinathan 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 Adal Padal program scheduled to be held on 04.05.2016 and 05.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal program scheduled to be held on 04.05.2016 and 05.05.2016. He would further submit that in this connection, a representation was given to the respondent police on 21.03.2016, 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 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 https://hcservices.ecourts.gov.in/hcservices/

programmes, if there are going to be a 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 21.03.2016, 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 (P&A) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni 2.The Inspector of Police, Jeyamangalam Police Station, Jeyamangalam Theni District.

+1 CC to the Government Pleader , SR No.18944 +1 CC to Mr.Lakshmi Gopinathan, Advocate, SR No.18968 W.P.(MD)No.6508 of 2016 05.04.2016 RR SH/SK-SKN/AR-I:06.04.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/