Madras High CourtWP(MD)/19673/2019disposed of

Sakthivel v. The Superintendent Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.19673 of 2019 Sakthivel ... Petitioner Vs.

1. The Superintendent of Police, Trichy District, Supramaniyapuram Trichy

2. The Inspector of Police Vathalai Police Station Trichy District ... Respondents Prayer:

Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the respondents to grant permission to conduct the Gramiya Aadal Padal cultural program in Arulmigu Maha Mariamman Thirukovil temple festival at Periyakodundurai Village in Trichy District 16.9.2019 by considering the petitioner's representation dt.7.9.2019 For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission to conduct the Gramiya Aadal Padal cultural program in Arulmigu Maha Mariamman Thirukovil temple festival at Periyakodundurai Village in Trichy District 16.9.2019 by considering the petitioners representation dt.7.9.2019

2. The learned counsel for the petitioner would submit that the petitioner sent a representation on 07.09.2019 seeking permission to conduct Gramiya Aadal Padal cultural program in Arulmigu Maha Mariamman Thirukovil at Periyakodundurai Village, Trichy District and it pending for consideration. The festival is to be conducted on 16.09.2019 and till date the second respondent has not considered the same and it is pending.

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3. The learned Additional Public Prosecutor appearing on

behalf of the respondents would submit that there are two groups of people in the said village and there was some dispute among themselves in conducting the festival. He would further submit that during the last year function the petitioner herein approached this Court and obtained permission to conduct the festival and during festival there was clash between two groups of people in conducting Gramiya Aadal Padal cultural program and as such the second respondent registered a case in Crime No. 38 of 2018 for the offences under Sections 147,148,294(b),307 and 506(ii) of IPC against the petitioner group and rival party group. Therefore he vehemently opposed to grant permission to conduct cultural program.

4. It is seen that there are two groups of people in the said village and there was some dispute among themselves in conducting festival. While that being so, the petitioner sought for permission and also police protection to conduct Gramiya Aadal Padal cultural program on 16.09.2019. During the last year function there was some clash between two groups and the second respondent police registered a case in Crime No. 38 of 2018 for the offences under Sections 147,148,294(b),307 and 506(ii) of IPC against the petitioner group and the rival party group. Therefore the second respondent is directed to conduct enquiry with the petitioner group and the rival party group after issuing notice based on the representation given the petitioner dated 07.09.2019 on merits and in accordance with law.

5. With the above direction, the Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To

1. The Superintendent of Police, Trichy District, Supramaniyapuram, Trichy

2. The Inspector of Police Vathalai Police Station Trichy District +1 CC to M/s.K.S.DURAI PANDIAN, Advocate ( SR-86534[F] dt.13/09/2019 W.P.(MD).No.19673 of 2019 13.09.2019 https://hcservices.ecourts.gov.in/hcservices/ aav JMN(13.09.2019) 2P : 4C