Madras High CourtWP(MD)/7271/2018disposed of

K.Dhanuskodi v. The Superintendent Of Police

2018-04-05Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7271 of 2018 K.Dhanuskodi ... Petitioner Vs.

1.The Superintendant of Police, Theni District, Theni.

2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Periyakulam Sub Division, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 01.04.2018 in Na.Ka.No.08 / Pothu / U.Ko.A-Pe/18 on the file of the Respondent No.2 and quash the same as illegal and consequently direct the Respondent No.2 to give the permission for conducting Aadal Padal on 11.04.2018 and 12.04.2018 (for two days) and give adequate police protection for peaceful performance of Panguni Festival scheduled to be conducted in the Arulmegu Sri Ranakaliamman and Manthaiyamman Kovil, North Street, Dhavathanapatti, Periyakulam Taluk, Theni District. For Petitioner : Mr.I.Sabeer Mohammed for V.Elaiyaraja For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

This writ petition has been filed seeking to quash the impugned order passed by the second respondent dated 01.04.2018 and consequently direct the second respondent to give permission for conducting Aadal Padal on 11.04.2018 and 12.04.2018 (for two days) and give adequate police protection for peaceful performance of Panguni Festival scheduled to be conducted in the Arulmegu Sri Ranakaliamman and Manthaiyamman Kovil, North Street, Dhavathanapatti, Periyakulam Taluk, Theni District. https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The learned Counsel for the petitioner would submit that no materials have been placed to prove that there is law and order problem for rejecting the application. However, the learned Government Advocate appearing for the respondents, on instructions, would submit that if the petitioner makes a fresh representation before the second respondent, the same shall be considered in the light of the order passed by this Court in WP(MD)No.7043 of 2018 on 02.04.2018.

4. Considering the above submission made by the learned Government Advocate appearing for the respondents, it is open to the petitioner to make a fresh representation before the second respondent on or before 06.04.2018. If any such representation is received, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law on the same day, by taking note of the order passed by this Court in WP(MD) No.7043 of 2018 dated 02.04.2018.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Theni District, Theni.

2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Periyakulam Sub Division, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Theni District.

+1CC TO M/S.V.ELAIYARAJA, ADVOCATE, SR NO.60046 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.60236 W.P.(MD)No.7271 of 2018 05.04.2018 rm/gsp MS/SV-MMS/SAR-4/06.04.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/