Arumugam, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018

CORAM

THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM W.P.(MD) No.7003 of 2018 Arumugam ... Petitioner -VsThe Inspector of Police, Taluk Police Station, Bodinayakkanur, Theni.

... Respondent 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 respondent dated 23.03.2018 and quash the same and consequently direct the respondents to grant permission and protection for Aadal Padal program sponsored by "Mr.Romio Groups" in connection with "Panguni Periya Kumbidu Vila" scheduled to be held on 30.03.2018 at 07.00pm at "Arulmigu Sri Angalaparameshwari, Sri Murugan , Sri Karuppasamy Kovil at Melasokkanathapuram, Bodinayakkanur Taluk, Theni District considering petitioner's representation dated 23.03.2018. For Petitioner : Mr.Nirajan S.Kumar For Respondent : Mr.V.Shanmuga Selvam, Additional Government Pleader.

O R D E R

This writ petition has been filed by the petitioner to call for the records pertaining to the rejection order of the respondent dated 23.03.2018 and quash the same and consequently direct the respondent to grant permission and protection for Aadal Padal program sponsored by "Mr.Romio Groups" in connection with "Panguni Periya Kumbidu Vila" scheduled to be held on 30.03.2018 at 07.00pm at "Arulmigu Sri Angalaparameshwari, Sri Murugan, Sri Karuppasamy Kovil at Melasokkanathapuram, Bodinayakkanur Taluk, Theni District considering petitioner's representation dated 23.03.2018. 2.Heard Mr.Nirajan S.Kumar, learned counsel appearing for the petitioner and Mr.V.Shanmuga Selvam, learned Additional Government Pleader appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner has submitted that in their Village it was decided for conducting 'Adal Padal' in connection with the "Panguni Periya Kumbidu Vila", at "Arulmigu Sri Angalaparameshwari, Sri Murugan, Sri Karuppasamy Kovil at Melasokkanathapuram, Bodinayakkanur Taluk, Theni District. He further submitted that the respondent has rejected the petitioner's representation by the impugned order dated 23.03.2018 without assigning any valid reason and hence the said impugned order has to be quashed. 4.The learned Additional Government Pleader has submitted that since the law and order problem is there, the respondent has rejected the petitioner's request and passed the impugned order.

5.The impugned order perused. In that order, the respondent has stated that if the petitioner conducts 'Adal Padal' there is a possibility of law and order problem, but he has not cited any specific incidents. Therefore, it appears that the respondent has passed the said order in routine manner, without applying his mind. Hence, the said impugned order is quashed and the respondent is directed to consider the petitioner's request and pass orders citing the specific reasons and at the time of passing order, the respondent has to keep 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 (AD-II) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Taluk Police Station, Bodinayakkanur, Theni.

+1. C.C. to M/S.NIRANJAN S.KUMAR, Advocate, SR.No.58842. +1. C.C. to Special Government Pleader, SR.No.59106. W.P.(MD) No.7003 of 2018 28.03.2018 SDS/MM:PN/SAR.1/28.03.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/