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Madras High CourtWP/12146/2022disposed of

G.Purusothaman v. The Inspector Of Police

2022-05-06Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2022

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.12146 of 2022 G.Purusothaman ... Petitioner Vs.

The Inspector of Police, D-4, RK Pet Police Station, Ragipettai Taluk, Tiruvallur.

... Respondent PRAYER :

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to provide permission to conduct the Epic Drama/dance/Cultural/Adal Padal Programme in the eve of M/s.Sree Throwpathi Amman Thirukovil situated at Raja Nagaram East, Tiruvallur District in 55th AGNI VASANTHA VIZHA annual festival to be held on 08.05.2022 on the basis of petitioner's representation on 26.04.2022.

For Petitioner : Mr.S.Chandranathan For Respondent : Mr.R.Murthi Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed to direct the the respondent to provide permission to conduct the Epic Drama/dance/Cultural/Adal Padal Programme in the eve of M/s.Sree Throwpathi Amman Thirukovil situated at Raja Nagaram East, Tiruvallur District in 55th AGNI VASANTHA VIZHA annual festival to be held on 08.05.2022 on the basis of petitioner's representation on 26.04.2022.

2. The learned counsel for the petitioner pointed out that the respondent / Police has not passed any speaking order, even though this Court has given a direction to the respondent / Police, dated 05.05.2022, which reads as under: "The learned counsel for the petitioner would submit that the petitioner had made a representation

before the respondent on 26.04.2022 and subsequently, the petitioner was called for enquiry on 30.04.2022 and thereafter, without any reason, he was informed that the permission was refused. Therefore, the petitioner has filed the present Writ Petition before this Court. A perusal of record shows that it is only the Committee Members who have stated that they were aware that the permission was rejected. But the record does not show as to why the respondent police refused to grant permission or rejected the representation sought for by the petitioner.

The respondent police is directed to appear before this Court in person along with a detailed report on 06.05.2022."

3. The learned counsel for the respondent / Police filed the report stating the reason that there are 500 families in the said Village and 2,300 persons are living, apart from that in and around, different community people are residing and they may also gather to watch the cultural programme. Therefore, there is a possiblity of creating law and order problem.

4. The said reason is not expected from the Department of Police especially the Inspector of Police, who has got the strength of 40 Policemen in the particular region. Therefore, this Court does not satisfy with the reason stated in the report and hence, the report filed by the respondent / Police is set aside.

5. The respondent / Police is directed to consider the representation and apply his mind and pass a detailed order on merits and in accordance with law, on or before 07.05.2022 by 5.00 pm.

6. Accordingly, the Writ Petition stands disposed of. No costs.

s/d- Assistant Registrar(Vacation Officer) True Copy Sub-Assistant Registrar

To The Inspector of Police, D-4, RK Pet Police Station, Ragipettai Taluk, Tiruvallur.

+2 CCS to Mr.S.Chandranathan, Advocatesr 31145. W.P.No.12146 of 2022 NRJK(CO) SP(06/05/2022)