Madras High CourtWP(MD)/9184/2016disposed of

K.Kannan, S/O.M.Karuppaiah, 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.9184 of 2016 K. Kannan

...Petitioner

-vs1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Vathalakundu Police Station, Vathalakundu, Dindigul 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 necessary protection to perform the Village cultural programme i.e., Adal Padal on 18.05.2016 at 06.00 p.m., to 11.00 p.m., in the eve of Arulmighu Sri Mahaparameshwari Mariamman Kovil at Old Vathalakundu, Nilakottai Taluk, Dindigul District, by considering the petitioner's representation dated 04.05.2016. For Petitioner :

Mr.A.R.Kannappan 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 cultural event namely Adalpadal scheduled to be held on 18.05.2016 at night between 06.00 p.m., and 11.00 p.m., in connection with "Thiruvizha" at Arulmighu Sri Mahaparameshwari Mariamman Kovil at Old Vathalakundu, Nilakottai Taluk, Dindigul District, by considering the petitioner's representation dated 04.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 18.05.2016 at night between 6.00 p.m., and 11.00 p.m., in connection with a festival at Arulmighu Sri Mahaparameshwari Mariamman Kovil at Old Vathalakundu, Nilakottai Taluk, Dindigul District. He would further submit that in this connection, a representation was given to the respondents on 04.05.2016, 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.

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. https://hcservices.ecourts.gov.in/hcservices/

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 representation dated 04.05.2016, 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(CS-I)/ Vacation Officer /True copy/ Sub Assistant Registrar(CS) To:

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

2. The Inspector of Police, Vathalakundu Police Station, Vathalakundu, Dindigul District.

+1cc to Mr.A.R.Kannappan, Advocate in SR.26144 +1cc to the Special Government Pleader in SR.26175 W.P.(MD) No.9184 of 2016 11.05.2016 trp/am PBK/JGB-SS/SAR-III 13/05/2016 ::2P-5C::

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