R.Krishnamoorthy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH R.Krishnamoorthy ... Petitioner vs.

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

2.The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Cuddalore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for records relating to the impugned proceeding issued by the second respondent vide Na.Ka.No.12/ 2023/K.K.Ni dated 04.07.2023 and to quash the same and consequently directing respondent to grant permission to conduct cultural program (Dance and Music Program) in the Nadukattupalayam Mariyamman Kovil situated at Nadukattupalayam village, Cuddalore District-607 103 scheduled to be held on 12.07.2023.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This writ petition has been filed challenging the proceedings of the second respondent dated 04.07.2023 and for consequential direction to the respondent to grant permission to conduct the cultural programme.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. On carefully going through the order passed by the second respondent, it is seen that reference has been made to pandemic and the spread of corona virus and that is the reason why the permission was not granted. In the considered view of this Court, the impugned order is illegal on the face of it and some previous order has been copied and pasted without any application of mind. In view of the same, the impugned proceedings of the second respondent dated 04.07.2023 is hereby quashed. The matter is remanded back to the file of the second respondent and the second respondent is directed to consider the representation made by the petitioner on its own merits and in accordance with law and take a decision within a

period of one week from today.

4. In the result, this Writ petition is allowed with the above direction. No costs.

12.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order mpa Note:Issue order copy on 14.07.2023 To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Cuddalore District.

N. ANAND VENKATESH, J.

mpa W.P No.20664 of 2023 12.07.2023