Madras High CourtWP(MD)/9208/2016disposed of

Gukan, S/O.Gokulakrishnan, 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.9208 of 2016 Gukan .. Petitioner -vs1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Nachiyapuram Police Station, Sivagangai 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 Arulmigu Sri Ilaya Nachiyamman Kovil at Kambanoor, Thiruppathur(TK), Sivagangai District.Illaya Nachiyamman temple's Festival and Adal Padal Programme on 17.05.2016.

For Petitioner:

Mr.K.G.Arunkumar For Respondent:

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 Arulmigu Sri Ilaya Nachiyamman Kovil at Kambanoor, Thiruppathur(TK), Sivagangai District.Illaya Nachiyamman temple's Festival and Adal Padal Programme on 17.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 17.05.2016 in connection with a festival at Arulmigu Sri Ilaya Nachiyamman Kovil at Kambanoor, Thiruppathur(TK), Sivagangai District. Illaya Nachiyamman temple's Festival. He would further submit that in this connection, a representation was given to the respondent police on 09.05.2016, 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 09.05.2016, 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(Account)/ Vacation Officer /True copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Nachiyapuram Police Station, Sivagangai District.

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

+1cc to Mr.K.G.Arunkumar, Advocate Sr.No.26123 +1cc to special Government Pleader SR.No.26782 sm:JGB-SS:SAR III:13.5.2016:2P/6C W.P.(MD) No.9208 of 2016 11.05.2016 https://hcservices.ecourts.gov.in/hcservices/