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Madras High CourtWP(MD)/1502/2017partly allowed

K.Chellasamy, v. The Superintendent Of Police

2017-01-31Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1502 of 2017 K.Chellasamy .. Petitioner Vs.

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

2. The Deputy Superintendent of Police, Puliankudi, Tirunelveli District.

3. The Inspector of Police, Kadayanallur 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 relating to the proceedings dated Nil Served on 29.01.2017 on the file of the third respondent and to quash the same as illegal, arbitrary and direct the third respondent to grant permission and protection for cultural event namely Cini Musical Orchestra Program scheduled to be held on 02.02.2017 in connection with the Thai Thingal Kodai Festival of the Arulmigu Shri Pathrakaliamman Thirukoil at Mavadikkal Village, Kadayanallur, Tirunelveli District. For Petitioner : Mr.N.Sudalaimuthu 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 29.01.2017 passed by the third respondent and quash the same, by way of issuing a writ of certiorarified mandamus.

2.It is averred in the petition that the petitioner is a resident of Mavadikkal Village, Kadayanallur Taluk, Tirunelveli District. Further it is averred in the petition that the https://hcservices.ecourts.gov.in/hcservices/

petitioner has given a representation to the respondents for getting necessary permission to conduct Cini Musical Orchestra Program in the place mentioned in the petition. But the third respondent without assigning any reason has rejected the same, by way of passing the impugned order dated 29.01.2017 and in order to quash the same, the present writ petition has been filed. 3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

4.It is seen from the records that the petitioner has given a proper representation to all the respondents. But the third respondent even without assigning proper reason, has simply rejected the representation by way of passing the impugned order dated 29.01.2017.

5.Considering the fact that necessary permission has been sought for only to conduct Cini Musical Orchestra Program and also considering that the third respondent without assigning any reason has rejected the same, this Court is inclined to pass the following order.

6.In fine, this writ petition is allowed without costs and the impugned order dated 29.01.2017 passed by the third respondent is quashed and the third respondent is strictly directed to consider the representation and dispose of the same as early as possible.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

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

2. The Deputy Superintendent of Police, Puliankudi, Tirunelveli District.

3. The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

+ 1 CC TO Mr.N.SUDALAIMUTHU, ADVOCATE IN SR No. 4933 SMN TE/CM-SMA/SAR-III : 31/01/2017 : 2P/5C ORDER MADE IN W.P(MD)No.1502 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/