Madras High CourtWP(MD)/9219/2016disposed of

S.Senthilkumar 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.9219 of 2016 S.Senthilkumar ... Petitioner -vsThe Inspector of Police, Idayaikottai Police Station, Dindigul Taluk, 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 herein to consider the petitioner's representations in person and through registered post on 28.04.2016 and thereby grant permission to conduct the "Adal Padal Programme" to be held on 18.05.2016 at about 10.00 p.m for the temple festival of "Sree Kaliamman and Sree Muthalamman Temples", situated in their locality.

For Petitioner:

Mr.V.Muthumani For Respondent:

Mr.D.Muruganantham Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent to consider the petitioner's representations in person and through registered post on 28.04.2016 and thereby grant permission to conduct the "Adal Padal Programme" to be held on 18.05.2016 at about 10.00 p.m for the temple festival of "Sree Kaliamman and Sree Muthalamman Temples", situated in their locality.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 18.05.2016 in connection with a festival of "Sree Kaliamman and Sree Muthalamman Temples", at Soliappagoundanur village, Jothipatti (Post) Oddanchtram Taluk, Dindigul District. He would further submit that in this connection, a representation was given to the respondent police on 28.04.2016, 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 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 respondent police are directed to pass orders on merits and in accordance with law either permitting or rejecting the

representation dated 28.04.2016, 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/ Vacation Officer /True copy/ Sub Assistant Registrar(CS) To:

1.The Inspector of Police, Idayaikottai Police Station, Dindigul Taluk, Dindigul District.

+1cc to M/s.V.Muthumani, Advocate in SR.26122 +1cc to the Special Government Pleader, in SR.26186 W.P.(MD) No.9219 of 2016 11.05.2016 trp PBK/GSV/SAR-III 13/05/2016 ::2P-4C::

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