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Madras High CourtWP(MD)/9113/2016disposed of

Adaikka Gounder, v. The Superintendent Of Police,

2016-05-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.9113 of 2016 Adaikka Gounder ... Petitioner -vs1.

The Superintendent of Police, Trichy District, Trichy.

2.

The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

3.

The Sub-Inspector of Police, Vallanadu Police Station, Trichy District.

4.

A.Mahadevan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 2 and 3 herein to provide necessary police protection during the festival of Arulmighu Muthumariamman Temple, Thathanoor Village, Marunkapuri Taluk, Trichy District to be held from 22.05.2016 to 26.05.2016 and 01.06.2016 in the light of the petitioner's representation dated 07.04.2016.

For Petitioner :

Mr.M.Suresh For R1 to R3 :

Mr.Aayiram K.Selvakumar Govt. Advocate

O R D E R

This writ petition has been filed, seeking a direction to the respondents 2 and 3 herein to provide necessary police protection during the festival of Arulmighu Muthumariamman Temple, Thathanoor Village, Marunkapuri Taluk, Trichy District to be held from 22.05.2016 to 26.05.2016 and 01.06.2016 in the light of the petitioner's representation dated 07.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Festival of Arulmighu Muthumariamman Temple, Thathanoor Village, Marunkapuri Taluk, Trichy District to be held from 22.05.2016 to 26.05.2016 and 01.06.2016. He would further submit that in this connection, a representation was given to the respondent police on 07.04.2016, with a request to grant permission to conduct the programme on the above said dates. 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 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 are directed to pass orders on merits and in accordance with law either permitting or rejecting the representation dated 07.04.2016, given by the petitioner, in the light of the previous orders of this Court dated 30.04.2015 passed in W.P.(MD) No.7397 of 2015 and also 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. Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To:

1.

The Superintendent of Police, Trichy District, Trichy.

2.

The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

3.

The Sub-Inspector of Police, Vallanadu Police Station, Trichy District.

4.

The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.M.Suresh, Advocate in SR.No. 25959 +1cc to Special Government Pleader in SR.No.26024 W.P.(MD) No.9113 of 2016 04.05.2016 ar PA/SKR-RR/SAR III/05.05.2016/2P/7C (IT) https://hcservices.ecourts.gov.in/hcservices/