C.Poornima Devi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.No.2569 of 2022 C.Poornima Devi, W/o.Chandrasekaran ... Petitioner Vs.

1. The Superintendent of Police, Erode, Erode District.

2. The Inspector of Police, Erode, Erode District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to grant permission to conduct the orchestra light music program in the petitioner's URC resort situated in S.F.No.362, 8/15, Covai Main Road, Kottaiyakadu, Perundurai, Erode District - 638 052, based on the petitioner's representation dated 08.09.2021.

For Petitioner : Mr.Edwin Jayakumar For Respondents: Mr.Gokulakrishnan Additional Public Prosecutor

ORDER

This writ petition has been filed for the issuance of a Writ of Mandamus, to direct the second respondent to grant permission to conduct the orchestra light music program in the petitioner's URC resort situated in S.F.No.362, 8/15, Covai Main Road, Kottaiyakadu, Perundurai, Erode District - 638 052, based on the petitioner's representation dated 08.09.2021.

2. The learned counsel for the petitioner would submit that the petitioner is running a resort in the name of URC resort at S.F.No.362, 8/15, Covai Main Road, Kottaiyakadu, Perundurai, Erode District - 638 052. The petitioner had obtained a valid licence to run the resort from the authorities concerned and has also obtained necessary certificates from the Fire Service Department and the Pollution Control Board.

3. The learned counsel for the petitioner would further submit that the petitioner's resort had been conducting orchestra light music program to the customers who visited the resort and there had been no complaint from any quarters.

4. While so, the second respondent police is very often interfering with the club and compelling the petitioner to stop the orchestra light music program, thereby, the petitioner had sent a representation dated 08.09.2021 to the first respondent seeking permission for conducting orchestra light music program in the resort. However, the representation has not been considered so far.

5. The learned Additional Public Prosecutor for the respondents would submit that apprehending the law and order problem, the respondents had not granted permission to the petitioner.

6. At this juncture, the learned counsel for the petitioner would pray that a direction would have to be issued to the first respondent to consider and pass orders on the representation of the petitioner dated 08.09.2021.

7. In view of the above, this Court directs the first respondent to consider and pass appropriate orders on the representation dated 08.09.2021 of the petitioner within a period of two months from today. It is made clear that this Court has not expressed any opinion with regard to the merits in the application.

8. This Writ Petition is disposed of with the above observation and direction. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rgm/arb To

1. The Superintendent of Police, Erode, Erode District.

2. The Inspector of Police, Erode, Erode District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Edwin Jayakumar, Advocate, S.R.No.11861 W.P.No.2569 of 2022 GMR(CO) CT 16/03/2022