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Madras High CourtWP(MD)/14186/2018disposed of

G.Periyakaruppan v. The Superintendent Of Police

2018-07-06Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 06.07.2018

CORAM

THIRU HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD).No.14186 of 2018 G.Periyakaruppan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Kulathur Police Station, Thoothukudi District.

... Respondents PRAYER: Writ petition filed under Article 226 of Constitution of India, for the issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent dated 28.06.2018 and to quash the same insofar as rejecting the permission for conduct of Aadal Paadal on 11.07.2018 from 8.00 p.m. to 12.00 a.m. at the function of deity of Arulmigu Bathirakaliamman Temple situated in Kulathur Village, Vilathikulam Taluk, Thoothukudi District on the basis of the petitioner's representation dated 28.06.2018 within a stipulated time as fixed by this Court.

For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.P.Kannidevan Additional Government Pleader

O R D E R

This writ petition is filed for issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent dated 28.06.2018 and to quash the same insofar as rejecting the permission for conduct of Aadal Paadal on 11.07.2018 from 8.00 p.m. to 12.00 a.m. at the function of deity od Arulmigu Bathirakaliamman Temple situated in Kulathur Village, Vilathikulam Taluk, Thoothukudi District, on the basis of the petitioner's representation dated 28.06.2018 within a stipulated time as fixed by this Court.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.According to the writ petitioner, the petitioner has made a

representation to the second respondent to grant permission to conduct the Aadal Paadal programme. The said representation was rejected by the second respondent by stating that it will create law and order problem.

4.The learned Additional Government Pleader submits that the reason as stated in the impugned order is valid and therefore, the writ petition is liable to be dismissed.

5.On a perusal of the impugned order passed by the second respondent, it is seen that no reason has been stated in the order for rejecting the representation, except stating that if permission is granted, it will create law and order problem. Therefore, as rightly pointed out by the learned counsel for the petitioner, the respondent has not stated any specific reason to reject the representation. Therefore, this Court is inclined to quash the impugned proceedings and remit back to the second respondent to consider afresh and pass appropriate orders afresh, with reasoned order.

6.Accordingly, the impugned proceedings dated 28.06.2018 passed by the second respondent is quashed and the same remitted to the second respondent to consider and pass appropriate orders, afresh, on or before 10.07.2018.

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

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

2.The Sub Inspector of Police, Kulathur Police Station, Thoothukudi District.

+1cc to Mr.C.Jeyaprakash, Advocate, SR.No.71654. W.P(MD).No.14186 of 2018 06.07.2018 tm https://hcservices.ecourts.gov.in/hcservices/ RAM/SV/SAR 4/09.07.2018/2P/4C