Madras High CourtWP(MD)/9179/2016disposed of

Kuppusamy, Perumal, 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.9179 of 2016 Kuppusamy ... Petitioner -vs1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Mathukoor Police Station, Thanjavur 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 "Karakattam" programme on 12.05.2016 in Arulmighu Sri Mulaikottu Mariamman Temple, situated at Athvetti, Pitchanikadu Village, Pattukkottai Taluk, Thanjavur District.

For Petitioner :

Mr. B.Anandan 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 "Karakattam" programme on 12.05.2016 in Arulmighu Sri Mulaikottu Mariamman Temple, situated at Athvetti, Pitchanikadu Village, Pattukkottai Taluk, Thanjavur District, by considering the petitioner's representation dated 05.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Karagattam on 12.05.2016 in connection with a festival at Arulmighu Sri Mulaikottu Mariamman Temple, situated at Athvetti, Pitchanikadu Village, Pattukkottai Taluk, Thanjavur District. He would further submit that in this connection, the representations were given to the respondents on 05.05.2016, with a request to grant permission to conduct the programme on the above said date. However, the respondents have 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 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 respondents are directed to pass orders on merits and in accordance with law either permitting or rejecting the representations dated 05.05.2016, 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/ Vacation Officer /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

trp/am To:

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Mathukoor Police Station, Thanjavur District.

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

+1 cc to Mr.B.Anandan,Advocate, SR No.26124 RG.GSV-SAR-III 12.05.2016 2P.5C W.P.(MD) No.9179 of 2016 11.05.2016 https://hcservices.ecourts.gov.in/hcservices/