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Madras High CourtWP(MD)/6466/2018disposed of

R.Perumal, v. The Superintendent Of Police

2018-03-26Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM

THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM W.P.(MD) No.6466 of 2018 R.Perumal ... Petitioner -Vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order of the second respondent in C.No.82/Mike/B2PS/2018 dated 15.03.2018 and quash the same and consequently direct the respondents to grant permission and protection for Adal Padal program sponsored by "Nellai Sachin-Kala Stalin Groups" in connection with "Panguni Urchava Peruvizha" scheduled to be held on 12.04.2018 at 07.00 pm., to 11.00 pm., at Arulmigu Sri Sathavurayan Thirukovil at Balan Nagar, Pommaiyagoundanpatti, Allinagaram Town, Thirukovil at Balan Nagar, Pommaiyagoundanpatti, Allinagaram Town, Theni Taluk & District by considering the petitioner's representation dated 15.03.2018. For Petitioner : Mr.V.Sankaranarayanan For Respondents : Mr.V.Anand Government Advocate

O R D E R

This writ petition has been filed to quash the impugned order passed by the second respondent dated 15.03.2018 and consequently, direct the respondents to grant permission and protection for 'Adal Padal' program sponsored by "Nellai Sachin-Kala Stalin Groups" in connection with "Panguni Urchava Peruvizha" scheduled to be held on 12.04.2018 at 07.00 pm., to 11.00 pm., at Arulmigu Sri Sathavurayan Thirukovil at Balan Nagar, Pommaiyagoundanpatti, Allinagaram Town, Theni Taluk & District by considering the petitioner's representation dated 15.03.2018.

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2.Heard Mr.V.Sankaranarayanan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that with a view to celebrate the temple festival of "Arulmigu Sri Sathavurayan Thirukovil" situated at Balan Nagar, Pommaiyagoundanpatti, Allinagaram Town, Theni Taluk & District, the petitioner gave a petition before the second respondent on 15.03.2018, seeking permission and police protection for conducting 'AdalPadal' programme on 12.04.2018 at 07.00 pm., to 11.00 pm.,, but the second respondent has rejected the said petition by his order dated 15.03.2018, without assigning any valid reasons and hence, the learned counsel for the petitioner requested to set aside the impugned order and direct the second respondent to give permission and also police protection for performing the aforesaid programmes. 4.

The learned Government Advocate has submitted that the second respondent, after considering the petitioner's request and the ground reality, has rejected the same by the impugned order. 5.Considering the aforesaid submissions, the impugned order dated 15.03.2018 is set aside and the second respondent is directed to consider the representation submitted by the petitioner, dated 15.03.2018 and dispose of the same at early by keeping in mind the decision of the Hon'ble Supreme Court of India in the case of Church of God (Full Gospel) in India Vs. K.K.R, Majestic Colony Welfare Association and Ors, reported in 2001 - 1 - L.W. (Crl.) 233. 6.With the aforesaid observations, this writ petition is disposed of. No costs.

Sd/ Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

+1cc to Mr.V.SANKARA NARAYANAN, Advocate, SR.No. 58093 W.P.(MD) No.6466 of 2018 26.03.2018 RMK KK/SKN RSK/27.03.2018/SAR-1/2P-4C https://hcservices.ecourts.gov.in/hcservices/