Research › Search › Judgment

Madras High Court · body

2015 DIGILAW 3540 (MAD)

D. Manikandan v. Deputy Superintendent of Police, Valliyoor Circle, Valliyoor, Tirunelveli District

2015-10-29

R.MALA

body2015
ORDER This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the respondents particularly the second respondent to grant permission for organizing a small function on 30.10.2015 at Uralvoimozhi Village, Radhapuram Village, Tirunelveli District for distributing Note books, pencil, pen and uniform to the school going children belonging to all community and also allow the village people to conduct an orchestra in the evening between 6.00 pm and 10.00 pm. 2. The learned Counsel appearing for the petitioner submits that though the petitioner has already given a representation to the first respondent on 24.10.2015, the first respondent has not passed any order so far. Hence, the petitioner is before this Court. 3. At this juncture, the learned Additional Advocate General submits that performance of Gurupooja is very sensational matter always and if one village is permitted to organize the said function and allowed to distribute all welfare measures to the public on 30.10.2015, then all the community people sought for the very same permission. So, it is not conducive for the police to give protection to conduct such functions on 30.10.2015. The respondents police have no objection for distribution of Books, Pencil, Pen and uniform to the school going children belonging to all the community people after 30.10.2015. Hence, he prays for dismissal of the writ petition. 4. Considering the submissions made on either side and on perusal of the typed set of papers, it is known fact that on the eve of Guru Pooja of Pasumon Muthuramalinga Thevar and Immanuvel Sekaran, Section 144 Cr.P.C Proceedings are in force in southern districts from 2nd September to October 31, to maintain law and order and peace and public tranquality. So, it is also well known to all, that use of mike-set are prohibited on the eve of Guru Pooja for the above said leaders. 5. In such circumstances, if the petitioner is permitted to conduct the function as sought for in his village, certainly the other community people will also sought for such permission in future, then it will create law and order problem. In order to maintain law and order problem and keeping in mind the interst of the public, this Court is not inclined to give permission to condut any function on 30.10.2015, in the petitioner's village. 6. In order to maintain law and order problem and keeping in mind the interst of the public, this Court is not inclined to give permission to condut any function on 30.10.2015, in the petitioner's village. 6. In such circumstances, I am of the view that the petitioner is not entitled for any relief in this writ petition and accordingly, this writ petition is deserves to be dismissed. Hence, this writ petition is dismissed. No costs.