L.M. Malligaipoo Nadar, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2016
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6811 of 2016 and W.M.P.(MD).No.5865 of 2016 L.M.Malligaipoo Nadar
...Petitioner
-vs1. The Superintendent of Police, Virudhunagar District, Collectorate Campus, Virudhunagar.
2. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Rajapalayam 626 117, Virudhunagar District.
3. The Inspector of Police, Rajapalayam North Police Station, Rajapalayam 626 117, Virudhunagar 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 to the Ritual Events Nathaswaram and Clarinet Katcheri Genda Melam Vadipatti Melam Gramiya Kalai Nigalchi Orchestra Pattimandram and Anna Thanam (Free meal) to be held from 10.04.2016 to 13.04.2016 in Rajapalayam Town Arulmigu Sri Mari Amman Panguni Pongal Festival and to give police protection during the festival sessions to be performed from 10.04.2016 to 13.04.2016.
For Petitioner : Mr.M.Saravanakumar 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 "Ritual Events Nathaswaram and Clarinet Katcheri, Genda Melam, Vadipatti Melam Gramiya Kalai Nigalchi, Orchestra, Pattimandram and Anna Thanam" scheduled to be held on 10.04.2016 to 13.04.2016.
2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct "Ritual Events Nathaswaram and Clarinet Katcheri, Genda Melam, Vadipatti Melam Gramiya Kalai Nigalchi, Orchestra, Pattimandram and Anna Thanam" scheduled to be held on 10.04.2016 to 13.04.2016. He would further submit that in this connection, a representation was given to the respondent police on 02.04.2016, with a request to grant permission to conduct the programme https://hcservices.ecourts.gov.in/hcservices/
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. It is seen that the petitioner has made a representation on 02.04.2016 to the Inspector of Police, North Police Station, Rajapalayam for conduct of Annthanam and other functions.
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 immediately on merits and in accordance with law either permitting or rejecting the representation dated 02.04.2016, 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. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS) To
1. The Superintendent of Police, Virudhunagar District, Collectorate Campus, Virudhunagar.
2. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Rajapalayam 626 117, Virudhunagar District.
3. The Inspector of Police, Rajapalayam North Police Station, Rajapalayam 626 117, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/s.M.Saravanakumar, Advocate in SR.19365 +1cc to the Special Government Pleader, in SR.19670 W.P.(MD)No.6811 of 2016 06.04.2016 akv PBK/SK-SKN/SAR-I 07/04/2016 ::2P-7C:: (IT) https://hcservices.ecourts.gov.in/hcservices/