Madras High CourtWP(MD)/18776/2021dismissed

Abdul Lathif v. The Commissioner Of Police

2021-10-12Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD) No.18776 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.18776 of 2021 Abdul Lathif ... Petitioner Vs.

1.The Commissioner of Police, Trichy District.

2.The Inspector of Police, Fort Police Station, (Law & Order), Trichy.

... Respondents PRAYER: The Writ Petition is filed under Section 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, by directing the respondents to consider the petitioner's application dated 27.09.2021 and thereby give permission to celebrate the Santhanakoodu function in our Pallivasal namely "Hajrath Hussain Sha Bandari Tharga and Pallivasal" situated at Santhukadai, Trichy on 20.10.2021.

For Petitioner : M/s.J.Madhu For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

This writ petition has been filed seeking a direction to the 3rd respondents to consider the petitioner's application dated 27.09.2021 and thereby give permission to celebrate the Santhanakoodu function in our Pallivasal namely "Hajrath Hussain Sha Bandari Tharga and Pallivasal" situated at Santhukadai, Trichy on 20.10.2021.

2.When the matter is taken up for hearing, this Court is of the opinion that since the Covid-19 protocols are extended by the Government prohibiting the celebration of festivals and temple festivals, it may not be proper for the Court to pass any order permitting the petitioner to conduct the festival. On that basis this writ petition is to be dismissed.

3.However, the learned counsel for the petitioner submitted that a direction may issued to the second respondent to consider the representation of the petitioner in future after easing of the situation. Such a right is always available to the petitioner. Hence, liberty is granted to the petitioner to make a fresh representation after the situation become normal and eased for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.18776 of 2021 conducting the festival. On receipt of the same, the respondents shall consider the same depending upon the situation then exists in future.

4.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Per.Admn)/ Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) TM/NSR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Commissioner of Police, Trichy District.

2.The Inspector of Police, Fort Police Station, (Law & Order), Trichy.

W.P.(MD)No.18776 of 2021 12.10.2021 NSM (CO) GC(25.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2