S.Giri, v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.27745/2016 S.Giri ..

Petitioner Vs.

The Sub Inspector of Police Vennandur Police Station Namakkal District.

..

Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus calling for the records of the respondent dated 20.07.2016 and quash the same and consequently allow the petitioner to conduct folk dance programme on 14.08.2016. For Petitioner :

Mr.R.Karthick For Respondent :

Mr.P.Sanjay Gandhi, Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

The petitioner claims to be the Secretary of Vanavil Iyal Isai Nadaga Mandram, Vennandur and in connection with the Aadi Festival of Mariamman Temple located in the said place, the petitioner has submitted an application dated 13.07.2016 to the respondent, to conduct the cultural event which includes song and dance programme and it was rejected on 20.07.2016 without assigning any reason and hence, the petitioner has come forward with this writ petition challenging the legality of the said order.

The learned counsel for the petitioner would submit that in the event of permission being granted, the dance and song programme will be conducted without any obscenity and there will not be any law and order or public order problem and prays for appropriate orders.

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This Court heard the submissions of Mr.P.Sanjay Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondent and who would submit that since the function is stated to be held beyond 11.00 p.m., apprehending law and order problem, the application submitted by the petitioner has been rightly rejected by the respondent. This Court considered the rival submissions and also perused the materials placed before it.

A perusal of the impugned order dated 20.07.2016 would disclose that no reasons whatsoever, have been cited and hence, on the sole ground, it warrants interference. In the result, the writ petition is partly allowed and the impugned order dated 20.07.2016 passed by the respondent is set aside and the matter is once again remanded to the respondent for fresh consideration. It is also made clear that this Court has not gone into the merits of the claim projected by the petitioner either in his application or in this writ petition and therefore, the respondent has to take the decision strictly in accordance with law. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar AP To The Sub Inspector of Police Vennandur Police Station Namakkal District.

+1 cc to M/s.R.Karthick Sevugapperumal Advocate sr.45234 +1 cc to Government pleader High Court Madras sr 45590 W.P.No.27745/2016 aa11/08/2016 https://hcservices.ecourts.gov.in/hcservices/