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Madras High CourtWP(MD)/21555/2019disposed of

S.Packiyaraj v. The Superintendent Of Police

2019-10-10Honourable Mr Justice R. Mahadevan,Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR S.Packiyaraj ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Uvari Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to give permission to the Kodai Festival, Adal and Paadal, to be conducted on 17.10.2019 and Bamboo (Moongil) Tower to be erected in front of the temple from 14.10.2019 to 16.10.2019 during the programmes conducted at Arulmigu Sri Mutharamman Thirukovil at Vemmanankudi, Kuttam Village, Thisianvilai Taluk, Tirunelveli District.

For Petitioner : Mr.M.Murugan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader * * * * *

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) This writ petition, styled as a Public Interest Litigation, has been filed seeking a writ of Mandamus to direct the respondents to give permission to the Kodai Festival, Adal and Paadal, to be conducted on 17.10.2019 and Bamboo (Moongil) Tower to be erected in front of the temple from 14.10.2019 to 16.10.2019 during the programmes conducted at Arulmigu Sri Mutharamman Thirukovil at Vemmanankudi, Kuttam Village, Thisianvilai Taluk, Tirunelveli District.

2. Heard Mr.M.Murugan, learned Counsel for the petitioner and 1/3

Mrs.J.Padmavathi Devi, learned Special Government Pleader accepting notice on behalf of the respondents.

3. With the consent of both the parties, this writ petition is taken up for final disposal.

4. The case of the petitioner, who claims to be the President of the Festival Committee of Arulmigu Sri Mutharamman Thirukovil at Vemmanankudi, Kuttam Village, Thisianvilai Taluk, Tirunelveli District, is that they made a representation to the first respondent seeking permission for erecting Bamboo Tower in front of the said temple from 14.10.2019 to 16.10.2019 and also for conducting Aadal Paadal Programme on 17.10.2019, however, the same has not been considered so far and hence, the present writ petition came to be filed.

5. The learned Counsel for the petitioner, on instructions, would submit that they are celebrating the festival for the years together and there would be no law and order problem while conducting the said festival and now, the petitioner would restrict his prayer to the extent of erection of Bamboo Tower from 14.10.2019 to 16.10.2019 and he is not pressing the relief in respect of Aadal Paadal Programme to be conducted on 17.10.2019.

6. The said submission of the learned Counsel for the petitioner, on instructions, is placed on record.

7. Considering the nature of the relief sought for by the petitioner, we incline to pass the following order: The respondents are directed to consider the representation of the petitioner, dated 07.10.2019 and pass appropriate orders on merits and in accordance with law, only in respect of erection of Bamboo Tower in front of Arulmigu Sri Mutharamman Thirukovil at Vemmanankudi, Kuttam Village, Thisianvilai Taluk, Tirunelveli District, from 14.10.2019 to 16.10.2019 and the decision taken be communicated to the petitioner on or before 05.00 p.m., on 12.10.2019.

8. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) 2/3

SSL To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Uvari Police Station, Tirunelveli District.

+1 CC to M/s.M.MURUGAN, Advocate ( SR-91685[F] dated 10/10/2019 ) 10.10.2019 KK/SAR/11.10.2019/3P-4C/ 3/3