Madras High CourtWP(MD)/9127/2016disposed of

Subramanian, v. The Inspector Of Police,

2016-05-11Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2016

CORAM

THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P.(MD) No.9127 of 2016 Subramanian ... Petitioner -vsThe Inspector of Police, Sivagangai Taluk Police Station, Sivagangai 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 protection for cultural event namely Adalpadal scheduled to be held on 22.05.2016 at night in connection with the 10th day of "Vaikasi Vishagam Festival" in Arulmigu Sri Kannudaiya Nayaki Amman Kovil, at Natarasankottai Village, Sivagangai District by considering the petitioner's representation dated 28.04.2016.

For Petitioner:

Mr.S.Selvakumar 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 cultural event namely Adalpadal scheduled to be held on 22.05.2016 at night in connection with the 10th day of "Vaikasi Vishagam Festival" in Arulmigu Sri Kannudaiya Nayaki Amman Kovil, at Natarasankottai Village, Sivagangai District by considering the petitioner's representation dated 28.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adalpadal scheduled to be held on 22.05.2016 at night in connection with the 10th day of "Vaikasi Vishagam Festival" in Arulmigu Sri Kannudaiya Nayaki Amman Kovil, at Natarasankottai Village, Sivagangai District. He would further submit that in this connection, a representation was given to the respondent police on 28.04.2016, with a request to grant permission to conduct the programme on the above said date. https://hcservices.ecourts.gov.in/hcservices/

However, the respondents have 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 elections to the State Assembly on 16.05.2016 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 on merits and in accordance with law either permitting or rejecting the representation dated 28.04.2016, 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. Sd/- Assistant Registrar (CS-I) (Vacation Officer) /True Copy/ Sub Assistant Registrar am To:

The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

+1CC to Spl.Government Pleader Sr.No.26196 +1CC to Mr.S.Selvakumar Advocate Sr.No.26225 GJM/GSV/SAR-I-13.5.16-2p-4C W.P.(MD) No.9127 of 2016 11.05.2016 https://hcservices.ecourts.gov.in/hcservices/