Madras High CourtWP(MD)/9142/2016disposed of

Durairaj, S/O.Ramasamy, 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.9142 of 2016 Durairaj ... Petitioner -vsThe Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy 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 23.05.2016 at night in connection with "Vaikasi Festival" in Arulmigu Sri Janakai Mariamman Kovil, at Inam Reddiyapatti Village, Palayakottai Union, Manapparai Taluk, Trichy District by considering the petitioner's representation dated 28.04.2016. For Petitioner:

Mr.V.Ramalingam For Respondent:

Mr.D.Muruganantham 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 23.05.2016 at night in connection with "Vaikasi Festival" in Arulmigu Sri Janakai Mariamman Kovil, at Inam Reddiyapatti Village, Palayakottai Union, Manapparai Taluk, Trichy 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 Adal Padal on 23.05.2016 in connection with "Vaikasi Festival" in Arulmigu Sri Janakai Mariamman Kovil, at Inam Reddiyapatti Village, Palayakottai Union, Manapparai Taluk, Trichy 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. However, the https://hcservices.ecourts.gov.in/hcservices/

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 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. No costs.

Sd/- Vacation Officer(P&A) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

trp To:

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

+1 cc to Mr.V.Ramalingam,Advocate, SR No.26226 +1 cc to Special Government Pleader SR No. 26199 RG.JGB-SS/SAR-I/13.05.2016 2P.4C W.P.(MD) No.9142 of 2016 11.05.2016 https://hcservices.ecourts.gov.in/hcservices/