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Madras High CourtWP/12192/2022dismissed with cost

K.Saravanan v. The Inspector Of Police

2022-05-06Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2022 C O R A M THE HON'BLE Mr.JUSTICE P.VELMURUGAN W.P.No.12192 of 2022 K.Saravanan

...Petitioner

Vs The Inspector of Police, Mallur Police Station, Mallur, Salem District.

... Respondent Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Kejjalnaickanpatti - Adhi Dravidar Street Arulmighu Sree Sakthi Mariamman Temple Festival at Salem Taluk and District on 13.05.2022 between 06.00 pm to 11.00 pm by considering the petitioner's representation dated 21.04.2022. For Petitioner : Mr.P.Madhumathi For Respondent : Mr.R.Murthi Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Kejjalnaickanpatti - Adhi Dravidar Street Arulmighu Sree Sakthi Mariamman Temple Festival at Salem Taluk and District on 13.05.2022 between 06.00 pm to 11.00 pm by considering the petitioner's representation dated 21.04.2022. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.When the matter came up for hearing yesterday i.e 05.05.2022, this Court instructed the learned Government https://hcservices.ecourts.gov.in/hcservices/

Advocate (Crl.Side) appearing for the respondent to consider the petitioner's representation dated 21.04.2022 and pass orders. Today i.e 06.05.2022, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) produced the copy of the order passed by the respondent - Inspector of Police, Mallur Police Station.

4.The learned counsel appearing for the petitioner submitted that the petitioner sent representation to the respondent on 22.04.2022 itself and in the relief sought for in the Writ Petition also it is prayed for a direction to consider the representation dated 21.04.2022.

5.However, the petitioner has not filed any proof to show that he sent a representation on 21.04.2022. Whereas, the postal receipt shows that they dispatched the representation to the respondent Police only on 02.05.2022. Therefore, the petitioner has not approached this Court with clean hands and suppressed the material facts. Even without sending a representation, the petitioner has falsely stated as if he has sent the representation on 22.04.2022 itself.

6.In view of the above, the Writ Petition is dismissed with a costs. The learned counsel appearing for the petitioner is directed to pay a costs of Rs.25,000/- (Rupees Twenty Five Thousand Only) in favour of Bar Council of Tamil Nadu. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rst To:

1. The Inspector of Police, Mallur Police Station, Mallur, Salem District.

2. Bar Council of Tamil Nadu, High Court, Madras.

+1cc to M/s.A.Sathish Kumar, Advocate, S.R.No.31221 W.P.No.12192 of 2022 SR-II(CO) SU(12/05/2022) https://hcservices.ecourts.gov.in/hcservices/