Madras High CourtWP(MD)/17611/2018disposed of

S.Selvakumar v. The Superintendent Of Police,

2018-08-07Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.[MD].No.17611 of 2018 S.Selvakumar : Petitioner Vs.

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

2.The Sub-Inspector of Police, Tirukurungkudi Police Station, Tirunelveli District.

: Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the second respondent dated 26.07.2018 and quash the same as illegal, and unconstitutional and consequently direct the respondents to grant permission and protection to the petitioner for conducting birthday celebrations of "Thiru Kamaraj" on 10.08.2018 at Kaikatti Junction, Thirukurungudi, Tirunelveli District.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

This writ petition has been filed against the rejection of permission sought for by the petitioner to conduct the birthday celebrations of "Thiru Kamaraj" on 10.08.2018 at Kaikatti Junction, Thirukurungudi, Tirunelveli District.

2.The representation given by the petitioner was rejected on two grounds namely, that the birthday was already over on 15.07.2018 and that the place where the permission sought for, is a very important junction and there is every possibility of a law and order problem. 3.The learned counsel would submit that celebration of the birth day of the former Chief Minister of Tamil Nadu, "Thiru Kamaraj" is a very important function at Tirunelveli. If the respondent police is not inclined to grant permission at the place sought for by the petitioner, they can suggest any other place and grant permission to conduct the birth day festival of Thiru Kamaraj. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate submitted that the petitioner

can make a fresh representation to the second respondent and the same will be considered and necessary permission will be granted in a place which will not unnecessarily disturb the general public or cause any law and order problem.

5.The writ petitioner is permitted to make a fresh representation to the second respondent and on such representation being made, the second respondent is directed to pass appropriate orders within a period of one week from the date of receipt of a copy of the representation. It is left to the second respondent to impose any conditions for the purpose of conducting the festival.

6. Accordingly, the Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub-Inspector of Police, Tirukurungkudi Police Station, Tirunelveli District.

1CC TO Mr.R.PONKARTHIKEYAN ADVOCATE SR.No.77720. 1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.No.77725. Sji DS/SKN-RSK/SAR-1 :09.08.2018: 2P/5C W.P.[MD].No.17611 of 2018 07.08.2018 https://hcservices.ecourts.gov.in/hcservices/