Madras High CourtWP(MD)/6647/2016disposed of

M.S.Kamaraj Pandian 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.6647 of 2016 M.S.Kamaraj Pandian ... Petitioner -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar District 2.The Inspector of Police, Thiruthangal Police Station, Sivakasi, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent to grant permission to the petitioner to conduct Karakattam and dance Programmes on 06.04.2016 and 07.04.2016 respectively during the celebration of Panguni Urchava festival to Arulmigu Sri Sakthi Soundashwari Mariamman temple situated at Chokkampatti, Sivakasi Taluk, Virudhunagar District and also provide adequate protection during the event to the general public.

For Petitioner : Mr.B.Jeyakumar 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 06.04.2016 and 07.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal program scheduled to be held on 06.04.2016 and 07.04.2016. He would further submit that in this connection, representations were given to the respondent police on 28.03.2016 and 01.04.2016, 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 is directed to pass orders on merits and in accordance with law either permitting or rejecting the representations dated 28.03.2016 and 01.04.2016, 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. No cost. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.

The Superintendent of Police, Virudhunagar District, Virudhunagar District 2.

The Inspector of Police, Thiruthangal Police Station, Sivakasi, Virudhunagar District.

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

+1 CC to M/s.B.JEYAKUMAR, Advocate, SR No.18903 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.19116 W.P.(MD)No.6647 of 2016 05.04.2016 RR SH/NGM-SS/AR-I:06.04.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/