Madras High CourtWP(MD)/10010/2018allowed

M.Ramachandran v. The Superintendent Of Police

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No. 10010 of 2018 and W.M.P.(MD)No.9148 of 2018 M.Ramachandran ... Petitioner -vs1.The Superintendent of Police, Theni, Theni District.

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.30/Pothu/U-Ko.A-Pe/18, dated 24.04.2018 and quash the same as illegal and consequently direct the respondents to grant permission to conduct the "Adal Padal (Dance Programme)" on 03.05.2018 at about night 07.00 pm to 10.00 pm for one day, to celebrate the festival in "Arulmigu Oorkavalan Samy Thirukovil", which is situated in Jeyamangalam Village, Periyakulam Taluk, Theni District.

For Petitioner : Mr.M.Suresh For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

This writ petition has been filed by the petitioner to quash the impugned order passed by the second respondent in his proceedings in Na.Ka.No.30/Pothu/U-Ko.A-Pe/18, dated 24.04.2018 aand consequently direct the respondents to grant permission to conduct the "Adal Padal (Dance Programme)" on 03.05.2018 at about night 07.00 pm to 10.00 pm for one day, to celebrate the festival in "Arulmigu Oorkavalan Samy Thirukovil", which is situated in Jeyamangalam Village, Periyakulam Taluk, Theni District. https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel on either side.

3.The petitioner wants to conduct the event on 03.05.2018. The request has been rejected by the second respondent. This Court went through the content of the impugned order. It is seen that the order of rejection is formal in nature. No grounds has been assigned. Therefore, the impugned order passed by the second respondent in his proceedings in Na.Ka.No.30/Pothu/U-Ko.A-Pe/18, dated 24.04.2018 is set aside and the respondents are directed to grant permission to the petitioner to conduct the event in question. It is open to the third respondent to incorporate conditions as he deems it fit to ensure the law and order and peaceful conduct of the event. It is made clear that the "Adalpadal" programme shall not extend beyond 10.00 p.m.

4. With the above directions, this writ petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

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

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

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

+1CC TO Mr.M.Suresh, Advocate, Sr No.64316 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.64470 W.P.(MD) No.10010 of 2018 27.04.2018 Ls/rmk MS/SV-MMS/SAR-4/28.04.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/