R.Lurdhumicheal Antony, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2018
CORAM
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM W.P.(MD)No.363 of 2018 and W.M.P(MD).Nos.380 & 381 of 2018 R.Lurdhumicheal Antony ... Petitioner Vs.
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Assistant Superintendent of Police, Cherenmahadevi,
3. The Inspector of Police, Mukkudal Police Station, Cheranmahadevi Taluk, Tirunelveli District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus, to call for the records relating to the impugned order passed by the second respondent in e.f.vz;. 01/nr.K.M/c.fh.j/Nriu/2018 dated 03.01.2018 and quash the same as illegal and consequently direct the respondents to permit the petitioner to conduct cultural program with pattimandram by Madurai Muthu from 8.00 PM to 12.00 PM on 25.01.2018 at St.Chinnappar Church Campus in pursuance of the festival of St.Chinnapar Church, Singamparai, Ambasamuthiram Taluk, Tirunelveli District.
For Petitioner : Mr.R.Anbarasu For Respondents : Mr.B.Bhagavathi Government Advocate
O R D E R
This petition has been filed to quash the order of the second respondent in e.f.vz;. 01/nr.K.M/c.fh.j/Nriu/2018 and direct the respondent to permit the petitioner to conduct cultural program with Pattimandram by Madurai Muthu from 08.00 PM to 12.00 PM on 25.01.2018 at St.Chinnappar Church Campus in pursuance of
the festival of St.Chinnapar Church, Singamparai, Ambasamuthiram Taluk, Tirunelveli District.
2.The learned counsel appearing for the petitioner has submitted that every year the festival has been conducted in the above said place but without considering the customary practice, the second respondent has erroneously dismissed the petition submitted by the petitioner and therefore, the same is liable to be quashed.
3.The learned Government Advocate has contended that if Kabadi Tournament and Pattimandram are allowed to be conducted, the youth from the nearby villagers, will create law and order problem. He further submitted that since on 26.01.2018 is a Republic day, the police cannot give any protection to the petitioner for the aforesaid programme.
4.By way of reply, the learned counsel for the petitioner has submitted that in the last year also the same kind of order has been passed by the second respondent and the same was challenged in W.P.(MD).No.836 of 2017 and the Division Bench of this Court by an order, dated 23.01.2017 has quashed the said order and directed the petitioner to give a fresh representation and if any such representation is given to the second respondent, the second respondent should pass appropriate order. 5.Taking into consideration of the aforesaid facts in this case also, the petitioner is directed to give a fresh representation to the second respondent and if any such representation is given, the second respondent has to consider the said representation and pass appropriate orders on or before 19.01.2018.
6.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Assistant Superintendent of Police, Cherenmahadevi,
3. The Inspector of Police, Mukkudal Police Station, Cheranmahadevi Taluk, +1cc to Mr.S.R.Anbarasu, Advocate Sr.No.41261 +1cc to The Spl. Government Pleader Sr.No.41468 RMK/VSG VB/MR/SAR4/18/01/2018/3P/6C W.P.(MD)No.363 of 2018 09.01.2018