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Madras High CourtWP(MD)/10509/2022allowed

Nagajothi v. The Deputy Superintendent Of Police

2022-05-25Honourable Mr Justice P. Velmurugan2 pages

W.P (MD).No.10509 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P (MD).No.10509 of 2022 Nagajothi .... Petitioner Vs.

1.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2.The Sub Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent dated Nil and quash the same as illegal and violative of principles of natural justice and consequently direct the respondents to grant permission to conduct Aadal Paadal programme during Vaigasi Pongal festival scheduled to be held on 30.05.2022 at about 06.00 pm to be conducted at the Arulmigu Ankalaparameshwari Temple, Sankaramoorthypati, TNC Alangulam, Vembakkottai Taluk, Virudhunagar District.

For Petitioner : Mr.S.Krishnan For Respondents: Mr.M.Veeranthiran, Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed for a writ of Certiorarified Mandamus to quash the impugned order passed by the second respondent in his proceedings dated Nil and consequently directing the respondents herein to grant permission for conducting on 30.05.2022 at Arulmigu Ankalaparameshwari Temple, Sankaramoorthypati, TNC Alangulam, Vembakkottai Taluk, Virudhunagar District on the eve of Vaigasi Pongal Festival.

2. Heard the learned counsel on either side.

3. The learned counsel for the petitioner submitted that the petitioner sent a representation to the second respondent on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.10509 of 2022 24.05.2022. The second respondent also received the same and passed a rejection order without application of mind and without giving any particulars or statistics prevailing in the said place/villages, the said rejection order is unwarranted.

4. On perusal of the rejection order shows that the second respondent has not given any valid reason for rejecting the representation of the petitioner and the order passed by the second respondent is a non-speaking order. Therefore, the order passed by the second respondent is set aside. The first respondent is directed to grant permission to the petitioner to conduct cultural program with reasonable restrictions and in case of any necessity, send two police men to monitor the events in order to avoid any untoward incident to the respondents. Since the second respondent has passed a non-speaking order without applying his minds, the second respondent is directed to appear before this Court on 26.05.2022 at 12.30 p.m.

5. With the above directions, the writ petition stands allowed. No costs.

Sd/- Vacation officer // True Copy // 25/05/2022 Sub Assistant Registrar(CS) sn/ias To 1.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2.The Sub Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

W.P (MD).No.10509 of 2022 25.05.2022 MK/25.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2