U. Mohamed Mohiden v. Superintendent of Police, Tirunelveli
2014-10-17
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. Heard the Learned Counsel appearing for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents. 2. According to the Petitioner, he has submitted his representation dated 13.10.2014, addressed to the 2nd Respondent, seeking permission and adequate police protection in regard to the celebration of 'Moharrum Festival' at Leppai Valaivu Ground and the Streets thereto from 25.10.2014 at 4.00 p.m., onwards to 04.11.2014 at 10.00 p.m., as per the schedule including the programs of lifting 'Panchaa' and 'Santhana Koodu', as it has been done for several decades, by considering the representation of the Petitioner, dated 13.10.2014. 3. The Learned Counsel brings it to the Notice of this Court in W.P.(MD)No. 17998 of 2013 (filing during last vacation) there was an order to conduct the Festival between 04.11.2013 and 03.12.2013 and when the matter was taken up for hearing, the parties were directed to abide by 2012 Peace Committee Meeting Resolution. 4. In respect of current year, the Petitioner submitted an Application to the 3rd Respondent on 29.09.2014 along with the application for sound service. Although the same was received by the Respondents, no effective steps were initiated by the Respondents to accord permission. As such, the Petitioner approached the Respondents 1 and 2 through his representation, dated 13.10.2014. 5. The main grievance of the Petitioner is that the Respondents had not acted on his representation dated 13.10.2014 till date and the festival in question is to be commenced from 25.10.2014 at 4.00 p.m., onwards to 04.11.2014 at 10.00 p.m., as per the schedule. 6.
5. The main grievance of the Petitioner is that the Respondents had not acted on his representation dated 13.10.2014 till date and the festival in question is to be commenced from 25.10.2014 at 4.00 p.m., onwards to 04.11.2014 at 10.00 p.m., as per the schedule. 6. In view of the limited relief sought for by the Petitioner from this Court to issue necessary direction to the Respondents 1 to 3 in regard to granting of permission and adequate Police protection to celebrate the 'Moharrum Festival' at Leppai Valaivu Ground and the Streets thereto from 25.10.2014 at 4.00 p.m., onwards to 04.11.2014 at 10.00 p.m., as per the schedule etc., this Court, on the basis of Equity, Fair Play, Good Conscious and even as a matter of prudence, directs the 2nd Respondent (who is said to be the proper Authority) to consider the representation of the Petitioner, dated 13.10.2014 in Fair, Just, and objective manner and to dispose of the said representation on merits, by passing a speaking order, on or before 22.10.2014, (of course, after providing due opportunities to the Petitioner and other concerned parties, if any), by adhering to the principles of natural justice. 7. With the aforesaid direction, the Writ Petition stands disposed of. No costs.