Madras High CourtWP(MD)/6829/2016disposed of

R.Kandasamy, v. The Inspector Of Police

2016-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6829 of 2016 R.Kandasamy ... Petitioner -vsThe Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent to grant permission and necessary protection to perform the Orchestra on 10.04.2016 at about 10.00 p.m. and to conduct cultural programme Aadal Paadal Programme on 11.04.2016 at about 06.30 p.m. at "Panguni Pongal" festival at Vetrilayurani Sri Maha Mariyamman Temple at Vetrilaiyurani Village, Sivakasi Taluk, Virudhunagar District by considering the petitioner's representation dated 29.03.2016. For Petitioner : Mr.Solaisamy 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 necessary protection to perform the Orchestra on 10.04.2016 at about 10.00 p.m. and to conduct cultural programme Aadal Paadal Programme on 11.04.2016 at about 06.30 p.m. at "Panguni Pongal" festival at Vetrilayurani Sri Maha Mariyamman Temple at Vetrilaiyurani Village, Sivakasi Taluk, Virudhunagar District by considering the petitioner's representation dated 29.03.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to perform the Orchestra on 10.04.2016 at about 10.00 p.m. and to conduct cultural programme Aadal Paadal Programme on 11.04.2016 at about 06.30 p.m. at "Panguni Pongal" festival at Vetrilayurani Sri Maha Mariyamman Temple at Vetrilaiyurani Village, Sivakasi Taluk, Virudhunagar District. He would further submit that in this connection, a representation was given to the respondent police on 04.04.2016, 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.

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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.

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 04.04.2016, 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(CS-II) /True Copy/ Sub Assistant Registrar.

To:

The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

+1CC to M/S.Solaisamy, Advocate, SR.No. 19808 W.P.(MD) No.6829 of 2016 07.04.2016 RG/SK.SKN/AR-I/07.04.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/