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Madras High CourtWP(MD)/9004/2018disposed of

K.Ranjith Kumar, v. The Superintendent Of Police

2018-04-28Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.9004 of 2018 K.Ranjith Kumar ... Petitioner Vs.

1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Kadambur Police Station, Tuticorin District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to direct the second respondent to call for the records, pertaining to the impugned order passed by the second respondent, dated 19.04.2018 and quash the same and consequently direct the second respondent to grant permission and police protection to the Orchestra of Abinayam Dance programe to be conducted at Shri Ambigai Mariamman Temple festival on 11.05.2018 at 09.00 P.M., in Kadambur, Tuticorin District by considering the petitioner's representation on 19.04.2018.

For Petitioner : Mr.K.K.Kannan, For Respondents : Mr.P.Kannidevan, Additional Government Pleader

O R D E R

This writ petition has been filed seeking to quash the impugned order passed by the second respondent, dated 19.04.2018 and consequently direct the second respondent to grant permission and police protection to the Orchestra of Abinayam Dance programme to be conducted at Shri Ambigai Mariamman Temple festival on 11.05.2018 at 09.00 P.M., in Kadambur, Tuticorin District by considering the petitioner's representation on 19.04.2018.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondent.

3.According to the petitioner, he made a representation to the second respondent to grant permission and police protection to the Orchestra of Abinayam Dance programme to be conducted at Shri Ambigai Mariamman Temple festival on 11.05.2018 at 09.00 P.M., in Kadambur, Tuticorin District. The said application was rejected on the ground that if the permission is granted, it will create a law and order problem. Challenging the aforesaid order, the present writ petition has been filed.

4.The learned Additional Government Pleader appearing for the respondents would submit that the second respondent has considered the said representation and rejected the same on the ground that if the permission is granted, it will create a law and order problem. Therefore, the petitioner's representation was rightly rejected by the fourth respondent.

5.The learned Additional Government Pleader appearing for the respondents further submitted that, if the petitioner has given a fresh representation to the second respondent, the second respondent police is ready to consider the petitioner's fresh representation and pass orders.

6.For the reasons stated in the impugned passed by the second respondent rejecting the representation of the petitioner on the ground that if the permission is granted, it will create a law and order problem between the communities and at the same time, there is no material has been placed before this Court to substantiate his contention for the rejection.

7.Considering the facts and circumstances of the case, this Court directs the petitioner to make a fresh representation before the Inspector of Police, Kadambur Police Station, Tuticorin District. If any such representation is received, the Inspector of Police, Kadambur Police Station, Tuticorin District shall consider the same and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner, by taking note of the order passed by this Court in WP(MD)No.7043 of 2018 dated 02.04.2018.

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

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuticorin District,Tuticorin.

2.The Inspector of Police, Kadambur Police Station, Tuticorin District.

+1cc to Mr.K.K.Kannan, Advocate, SR.No.64757. +1cc to Special Government Pleader, SR.No.64925. W.P.(MD)No.9004 of 2018 28.04.2018 AM RAM/KKR/SAR 4/09.05.2018/3P/5C