A.Christian, S/O.Antony v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1647 of 2017 and W.M.P(MD)No.1358 of 2017 A.Christian .. Petitioner Vs.

The Sub Inspector of Police, Moontradaippu Police Station, Tirunelveli District.

.. Respondent 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 impugned order dated 26.01.2017 passed by the respondent herein and subsequently quash the same as devoid of merits and further direct the respondent to grant permission for performing Orchestral programme or Innisai Katcheri on 11.02.2017 during the celebration of St.Loordhu Annai Church festival at Padhinipparai, Moontradaippu Via, Tirunelveli District.

For Petitioner : Mr.S.Palani Velayutham For Respondent : 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 order dated 26.01.2017 alleged to have been passed by the respondent and quash the same, by way of issuing a writ of certiorarified mandamus.

2.It is averred in the petition that for conducting Innisai Katcheri on 11.02.2017 in the place mentioned in the petition, a permission has been sought from the respondent. But the respondent by way of saying that law and order problem would arise, has rejected the requisition given by the petitioner by way of passing the impugned order and in order to quash the same, the present writ https://hcservices.ecourts.gov.in/hcservices/

petition has been filed.

3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondent.

4.It is seen from the impugned order that the requisition of the petitioner has been rejected only on the ground of law and order problem.

5.Considering the reason given in the impugned order, this Court is of the view that the same is not a ground for rejecting the requisition given by the petitioner and therefore the impugned order dated 26.01.2017 is liable to be quashed. 6.In fine, this writ petition is allowed without costs and the impugned order dated 26.01.2017 passed by the respondent is quashed. However the respondent is directed to look into the requisition and proceed further as per law. Consequently, connected Miscellaneous Petition is closed.

Sd ASST REGISTRAR ( RTI ) TRUE COPY SUB ASST REGISTRAR CS 3 smn To The Sub Inspector of Police, Moontradaippu Police Station, Tirunelveli District.

1CC TO MR. S. PALANIVELAYUTHAM, ADVOCATE SR: 5282 AM JM SAR 3 2P 3C ORDER MADE IN W.P(MD)No.1647 of 2017 and W.M.P(MD)No.1358 of 2017 01.02.2017 1 2 17 https://hcservices.ecourts.gov.in/hcservices/