Madras High CourtWP(MD)/9185/2016disposed of

S.Joseph Anand, 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.9185 of 2016 S.Joseph Anand ... Petitioner -vs1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Alangudi Police Station, Pudukottai District.

3.The Sub Inspector of Police, Sampattividuthi Police Station, Pudukottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents herein to give permission and protection for celebrating the festival in St.Mary's church at Mukaanipatti Village, Vadavalam Post, Pudukottai Taluk, Pudukottai District and conducting the Adal Padal Programme on 21.05.2016 between 8 pm., to 12 'o' clock.

For Petitioner :

Mr.N.Kamesh 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 celebrating the festival in St.Mary's church at Mukaanipatti Village, Vadavalam Post, Pudukottai Taluk, Pudukottai District and conducting the Adal Padal Programme on 21.05.2016 between 8 pm., to 12 'o' clock.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 21.05.2016 in connection with a festival at St.Mary's church at Mukaanipatti Village, Vadavalam Post, Pudukottai Taluk, Pudukottai 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 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 https://hcservices.ecourts.gov.in/hcservices/

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(CS-I) /TRUE COPY/ Sub Assistant Registrar(C.S-III) To:

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Alangudi Police Station, Pudukottai District.

3.The Sub Inspector of Police, Sampattividuthi Police Station, Pudukottai District.

+1cc to M/S.N.Kamesh, Advocate in SR.No.26131 +1cc to Special Government Pleader in SR.No.26176 W.P.(MD) No.9185 of 2016 11.05.2016 am/trp PA/MP/SAR III/13.05.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/