Madras High CourtWP(MD)/9217/2016disposed of

P.Saravanapandian, 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.9217 of 2016 P.Saravanapandian ... Petitioner -vs1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Batlagundu Police Station, Batlagundu, 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 cultural programme (i) Adal Padal on the eve of Arulmigu Sri Maha Parameswari Mariamman Temple Festival at Kalaignar Nagar, Old Batlagundu village, Nilakkottai Taluk, Dindigul District schedule to be held on 20.05.2016. For Petitioner : Mr.K.Seemaraj For Respondent : Mr.D.Muruganantham Addl. Govt. Pleader

ORDER

This writ petition has been filed, seeking a direction to the respondents to grant permission and necessary protection to perform the cultural programme (I) Adal Padal on the eve of Arulmigu Sri Maha Parameswari Mariamman Temple Festival at Kalaignar Nagar, Old Batlagundu village, Nilakkottai Taluk, Dindigul District schedule to be held on 20.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 20.05.2016 in connection with a festival at Arulmigu Sri Maha Parameswari Mariamman Temple Festival at Kalaignar Nagar, Old Batlagundu village, Nilakkottai Taluk, Dindigul District. He would further submit that in this connection, representations were given to the https://hcservices.ecourts.gov.in/hcservices/

respondent police on 03.05.2016 and 06.05.2016, 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.

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 03.05.2016 and 06.05.2016, 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. No costs.

Sd/- Assistant Registrar/ Vacation Officer /True Copy/ Sub Assistant Registrar To:

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

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

+ 1 CC TO MR.K.SEEMARAJ, ADVOCATE IN SR NO. 26155 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 26184 TRP TE/JGB-SS/SAR-I : 13/05/2016 : 2P/5C W.P.(MD) No.9217 of 2016 11.05.2016 https://hcservices.ecourts.gov.in/hcservices/