Madras High CourtWP(MD)/9144/2016disposed of

P.Katturaja v. The Superintendent 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.9144 of 2016 P.Katturaja ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Silaiman Police Station, Silaiman, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission and protection for Adal Padal program perform in "Urchava Vizha" scheduled to be held on 19.05.2016 at Arulmigu Sri Salakkarai Muthaiah Thirukovil at West Street, Sakkudi Village, Madurai North Taluk Madurai District by considering the petitioner's representation dated 30.04.2016. For Petitioner :

Mr.R.Karthicrajan For Respondents :

Mr.D.Muruganantham Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to grant permission and protection for Adal Padal program perform in "Urchava Vizha" scheduled to be held on 19.05.2016 at Arulmigu Sri Salakkarai Muthaiah Thirukovil at West Street, Sakkudi Village, Madurai North Taluk Madurai District by considering the petitioner's representation dated 30.04.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 19.05.2016 in connection with a festival at Arulmigu Sri Salakkarai Muthaiah Thirukovil at West Street, Sakkudi Village, Madurai North Taluk Madurai District. He would further submit that in this connection, a representation was given to the respondent police on 30.04.2016, 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 https://hcservices.ecourts.gov.in/hcservices/

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 30.04.2016, 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(P&A) /True copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Silaiman Police Station, Silaiman, Madurai District.

+one cc to M/s.R.Karthic Rajan, Advocate in SR.No.26129 +one cc to The Special Government Pleader in SR.No. 26200 am/trp CSL/MP/SAR-III/13.05.2016 :2P/5C W.P.(MD) No.9144 of 2016 11.05.2016 https://hcservices.ecourts.gov.in/hcservices/