Madras High CourtWP(MD)/16635/2018allowed

P.Murugesan v. The Superintendent Of Police

2018-08-01Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.16635 of 2018 P.Murugesan ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Sub Inspector of Police, Moontradaipu Police Station, Moontradaipu, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Order passed by the second respondent dated 19.07.2018 and quash the same as illegal and consequently direct the respondents to permit the petitioner to conduct Orchestra (Innisai Katcherri) Programme as a part of the annual temple festival in Arulmigu Esakkiamman, at Malayankulam Village, Tirunelveli District on 10.08.2018 at 08.00 pm to 11.00 pm. For Petitioner : Mr.M.M.Manivel Pandian For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

This Writ petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent dated 19.07.2018 and quash the same as illegal and consequently direct the respondents to permit the petitioner to conduct Orchestra (Innisai Katcherri) Programme as a part of annual temple festival in Arulmigu Esakkiamman at Malayankulam Village, Tirunelveli District on 10.08.2018 at 08.00 pm to 11.00 pm.

2.The petitioner made a representation to the respondents for granting permission to conduct Innisai Katcheri on 10.08.2018. However, the second respondent has rejected the said representation by an order dated 19.07.2018.

3.The learned Additional Government Pleader appearing for the respondents submitted that as per the impugned order, the authority has rejected the representation of the petitioner on the https://hcservices.ecourts.gov.in/hcservices/

ground that the permission cannot be granted beyond 10.00 pm, as per the order passed by this Court in W.P.(MD)No.7911 of 2018, dated 12.04.2018.

4.The learned counsel appearing for the petitioner filed an undertaking affidavit before this Court stating that time for conducting such event may be granted at 07.00 pm to 10.00 pm. 5.In the light of the earlier order passed by this Court and the undertaking affidavit filed by the petitioner, the impugned order passed by the second respondent is quashed and the respondents are directed to consider the representation of the petitioner afresh on merits and in accordance with law on or before 08.08.2018. The petitioner is directed to approach the respondents with this order copy along with undertaking affidavit.

6.Accordingly, this Writ petition is allowed. No costs. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District.

2.The Sub Inspector of Police, Moontradaipu Police Station, Moontradaipu, Tirunelveli District.

+1cc to M/S.T.A.Ebenezer, Advocate SR.No. 76453 W.P.(MD)No.16635 of 2018 01.08.2018 gns JM/SKN RSK/SAR 2/02.08.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/