Madras High CourtWP(MD)/11719/2017partly allowed

M.A.Anthony Samy, v. The Superintendent Of Police

2017-06-28Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.11719 of 2017 M.A.Anthony Samy .. Petitioner Vs.

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

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

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 19.06.2017 passed by the second respondent and to quash the same as unlawful and illegal and void and thereby directing the respondents to permit the petitioner other concerned people to conduct a music concert on 29.06.2017 with in the private campus at 10.00 p.m. at Sendamaram Village, Kadaianallur Taluk in Tirunelveli District within the jurisdiction of the respondent police limits.

For Petitioner : Mr.F.X.Eugene For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the impugned order dated 19.06.2017 passed by the second respondent and quash the same and also for giving necessary direction to the respondents to give permission for conducting music concert in the place mentioned therein, by way of issuing a Writ of Certiorarified Mandamus.

2.It is seen from the records that the petitioner has given a representation for conducting music concert, but the second respondent has simply rejected the same on the ground that some https://hcservices.ecourts.gov.in/hcservices/

civil dispute is pending between Christians and Hindus. The reason assigned by the second respondent is not genuine. Under the said circumstances, this Court is inclined to pass the following order. 3.In fine, this Writ Petition is allowed in part without costs and the impugned order dated 19.06.2017 passed by the second respondent is quashed. The second respondent is strictly directed to consider the representation afresh alleged to have been given by the petitioner and pass suitable orders immediately. Sd/- Assistant Registrar(Crl Side) /True Copy/ Sub Assistant Registrar To

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

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

+1cc to Mr.F.X.Eugene, Advocate SR.No.62296 +1cc to The Spl.Government Pleader Sr.No.62183 & 62701 PS VB/MR/KKR/SAR4/06.07.2017/2P/5C ORDER MADE IN W.P(MD)No.11719 of 2017 28.06.2017 https://hcservices.ecourts.gov.in/hcservices/