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Madras High CourtWP(MD)/20879/2024disposed of

M.Saravanan v. The Inspector Of Police

2024-09-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20879 of 2024 M.Saravanan

...Petitioner

Vs.

The Inspector of Police, Kadayam Police Station, Tenkasi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 20.08.2024 and to grant permission for installation of big Vinayagar Idol on 06.09.2024 in the premises of Arulmighu Vinayagar Temple near old Police Station building, Kadayam and also to grant permission for immerse the big Vinayagar Idol on 08.09.2024 in Rama Nathi situated near to Thoranamalai Murugan Temple, Tenkasi Taluk, Tenkasi District. For Petitioner : Mr.V.Sasi Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the respondent to consider the writ petitioner's representation dated 20.08.2024 and to grant permission for installation of big Vinayagar Idol on 06.09.2024 in the premises of Arulmighu Vinayagar Temple near old Police Station building, Kadayam and immerse the big Vinayagar Idol on 08.09.2024 in Rama Nathi situated near to Thoranamalai Murugan Temple, Tenkasi Taluk, Tenkasi District.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has sent a representation dated 20.08.2024 to the respondent seeking permission to install Vinayagar idol on 06.09.2024 and to immerse the same on 08.09.2024 but no order has been passed till now and hence, the writ petitioner was constrained to approach this Court.

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4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent would submit that in the festival conducted last year, the writ petitioner's side violated the conditions imposed by the concerned police and hence, FIR came to be registered in Crime No.269 of 2023.

5. Considering the above, the writ petitioner is directed to file an undertaking affidavit that they will follow the conditions imposed by the concerned police before the respondent and on filing such affidavit, the respondent is directed to consider the writ petitioner's representation dated 20.08.2024 and take a decision within a period of two days from today (03.09.2024).

6. With the above direction, the Writ Petition stands disposed of. No costs.

03.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy today (03.09.2024) 3/4

K.MURALI SHANKAR, J csm To 1.The Inspector of Police, Kadayam Police Station, Tenkasi District.

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

Order made in W.P.(MD)No.20879 of 2024 Dated : 03.09.2024 4/4