Madras High CourtWP(MD)/8946/2016disposed of

S.Aswathaman, v. The Inspector Of Police

2016-04-29Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P(MD)No.8946 of 2016 S.Aswathaman

...Petitioner

-vsThe Inspector of Police, Vilathikulam Police Station, Vilathikulam, Tuticorin District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent herein to grant permission and protection to conduct the Aadalum Paadalum dance programme on 22.05.2016 from 07.00 p.m. to 11.00 p.m. in pursuant to the Vaikasi festival of Arulmighu Sri Bommiyasamy Temple situated at Ayan Bommiyapuram Vilathikulam, Tuticorin District by considering the petitioner's representation dated 26.04.2016. For Petitioner : Mr.M.Veilkani Raju For Respondent : Mr.D.Muruganantham Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent herein to grant permission and protection to conduct the Aadalum Paadalum dance programme on 22.05.2016 from 07.00 p.m. to 11.00 p.m. in pursuant to the Vaikasi festival of Arulmighu Sri Bommiyasamy Temple situated at Ayan Bommiyapuram Vilathikulam, Tuticorin District by considering the petitioner's representation dated 26.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct the Aadalum Paadalum dance programme on 22.05.2016 from 07.00 p.m. to 11.00 p.m. in pursuant to the Vaikasi festival of Arulmighu Sri Bommiyasamy Temple situated at Ayan Bommiyapuram Vilathikulam, Tuticorin District. He would further submit that in this connection, a representation was given to the respondent police on 26.04.2016, 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 26.04.2016, 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(AS) /True copy/ Sub Assistant Registrar(CS) To 1.The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Tuticorin District.

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

+1cc to M/s.M.Veilkaniraju, Advocate in SR.25492 W.P(MD)No.8946 of 2016 29.04.2016 ps PBK/JGB-DP/SAR-I 03/05/2016 ::2P-4C::(IT) https://hcservices.ecourts.gov.in/hcservices/