Hariharan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.8343 of 2016 Hariharan ... Petitioner -vs1.

The Superintendent of Police, Tuticorin District, Tuticorin.

2.

The Sub Inspector of Police, Sayarpuram Police Station, Tuticorin 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 give permission with protection to conduct the stage Music program at K.Pudur Public Stage, in connection with kovil kodai festival of Arulmigu Sree Oor Kavala Perumal Temple, K.Pudur, Sayarpuram Taluk, Tuticorin District scheduled on 04.05.2016 based on the petitioner's representation dated 21.04.2016.

For Petitioner : Mr.A.Prasanna Rajadurai for Mr.S.Muthalraj 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 04.05.2016.

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. He would further submit that in this connection, a representation was given to the respondent police on 21.04.2016, with a request to grant permission to conduct the programme on the above said date. However, the respondent Police https://hcservices.ecourts.gov.in/hcservices/

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 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 representation dated 21.04.2016, 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 /TRUE COPY/ Sub Assistant Registrar To 1.

The Superintendent of Police, Tuticorin District, Tuticorin.

2.

The Sub Inspector of Police, Sayarpuram Police Station, Tuticorin District +1cc to the Special Government Pleader, Sr.No.24625 +1cc to Mr.Na.Palaniyandi, Advocate, Sr.No.24390 RR JM/JGB-DP/SAR-I/02.05.2016/2P-5C W.P.(MD)No.8343 of 2016 27.04.2016 https://hcservices.ecourts.gov.in/hcservices/