Madras High CourtWP(MD)/6655/2016disposed of

V. Periyasamy, S/O. Vellaisamy 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.6655 of 2016 V.Periyasamy ... Petitioner -vs1.The Superintendent of Police Theni District, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur, Theni District 3.The Inspector of Police, Bodinayakkanur Town Police Station, Bodinayakkanur 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 grant permission and protection for Arulmigu Sri Kaliamman Temple Panguni festival at Kulalarpalayam Village, Bodinayakkanur Taluk on 05.04.2016 and for the Adal Padal dance programme on the night of 06.04.2016.

For Petitioner : Mr.R.Manickam For Respondent : Mr.D.Muruganandam, Addl. Govt. 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.

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. He would further submit that in this connection, a representation was given to the respondent police on 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. https://hcservices.ecourts.gov.in/hcservices/

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 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 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 costs.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3.The Inspector of Police, Bodinayakkanur Town Police Station, Bodinayakkanur, Theni District.

+one cc to M/s.R.Manickam, Advocate in SR.No.19337 +one cc to The Special Government Pleader in SR.No. 19113 RR CSL/NGM-SS/SAR-I/06.04.2016 :2P/6C W.P.(MD)No.6655 of 2016 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/