Back
2016 Supreme(Mad) 1153
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
Periyakaruppan - Petitioner
Vs.
The Inspector of Police, Uthappanaickanur Police Station, Madurai District - Respondent
W.P.(MD) No.4735 of 2016
Decided On : 09-03-2016
For the Petitioner: Mr. D. Rameshkumar.
For the Respondent: Mr. D. Muruganandam, Addl. Govt. Pleader.
The court emphasized the importance of considering the law and order situation and other aspects in the area when deciding on permission for the dance program, despite the strain on the police due to the upcoming elections.
Headnote:
Permission - Aadalum Paadalum dance Programme - The court directed the respondent police to consider the petitioner's representation for permission to conduct the dance program, taking into account the law and order situation and other aspects in the area.
Fact of the Case:
The petitioner sought a direction to the respondent police to grant permission and provide police protection for a dance program in connection with a festival. The police had not yet considered the petitioner's representation, leading to the writ petition.
Finding of the Court:
The court acknowledged the strain on the police due to the upcoming state assembly elections but directed the police to consider the petitioner's representation and pass orders on merits, taking into account the law and order situation and other aspects in the area.
Issues: Permission for dance program in light of upcoming elections and potential law and order issues.
Ratio Decidendi: The court emphasized the limited scope of the prayer sought in the petition and directed the police to consider the representation expeditiously, considering the law and order situation and other aspects in the area.
Final Decision: The writ petition was disposed of with the direction for the respondent police to pass orders on the petitioner's representation for the dance program.
This writ petition has been filed, seeking a direction to the respondent herein to grant permission and to provide police protection to conduct the Aadalum Paadalum dance Programme on 16.03.2016 from 8.00 pm. to 12.00 am. in pursuant to the Panguni Pongal Thiruvizha Festival of Arulmighu Manthaiyamman Thirukoil situated at Kalyanipatti Village Uthappanaickanur Post Usilampatti Taluk Madurai District by considering the Petitioner representation dated 7.3.2016.
2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 16.03.2016 in connection with the Panguni Pongal Thiruvizha Festival of Arulmighu Manthaiyamman Thirukoil situated at Kalyanipatti Village, Uthappanaickanur Post, Usilampatti Taluk, Madurai District. He would further submit that in this connection, a representation was given to the respondent police on 07.03.2016, 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 already announced time table for elections to the State Assembly 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 any law and order problem.
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 07.03.2016, 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.
