Madras High CourtWP(MD)/9194/2016disposed of

V.Muthuchamy, 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.9194 of 2016 V.Muthuchamy ... Petitioner -vsThe Inspector of Police, Kallimanthyam Police Station, Dindigul 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 permit the petitioner to conduct the cultural function viz., Aadal Padal during the temple Chithirai festival of "Sri Arulmigu Kalaiamman Temple", Kolachinnapatti Village, Kariyampatti, Oddanchathiram Taluk, Dindigul District on 12.05.2016 between 7.00 p.m to 12.00 P.M., and further direct the respondent to give police protection for the above said programme. For Petitioner:

Mr.D.Venkatesh For Respondent:

Mr.D.Muruganandam Additional Government 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 function viz., Aadal Padal during the temple Chithirai festival of "Sri Arulmigu Kalaiamman Temple", Kolachinnapatti Village, Kariyampatti, Oddanchathiram Taluk, Dindigul District on 12.05.2016 between 7.00 p.m to 12.00 P.M., and further direct the respondent to give police protection for the above said programme by considering the petitioner's representation dated 01.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct cultural function viz., Aadal Padal during the temple Chithirai festival of "Sri Arulmigu Kalaiamman Temple", Kolachinnapatti Village, Kariyampatti, Oddanchathiram Taluk, Dindigul District. He would further submit that in this connection, a representation was given to the respondent police on 01.05.2016, 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.

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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 01.05.2016, 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 /True Copy/ Sub-Assistant Registrar To:

1.The Inspector of Police, Kallimanthyam Police Station, Dindigul District.

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

+One cc to Mr.D.Venkatesh, Advocate, SR.No.26148 am RL/4C/2P/GSV/SARI/12/5/2016 W.P.(MD) No.9194 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 11.05.2016