U.Balasubramanian, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1890 of 2017 U.Balasubramanian .. Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Vikramasingapuram Police Station, Ambasamudram Taluk, 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 impugned order dated 27.01.2017 passed by the second respondent and quash the same as illegal and consequently directing the second respondent to grant permission to perform Light music programmes scheduled to be held on 09.02.2017 in connection with the "Maha Kumbabhishegam" at Sree Prehmaratchassee Amman, Sree Marungalthalai Sudalaimadaswamy Thirukovil, Kodarangulam.
For Petitioner : Mr.S.T.Sasidharan TamilKani For Respondents : Mr.D.Muruganantham Additional 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 27.01.2017 alleged to have been passed by the second respondent and
quash the same and also for directing the second respondent to grant permission to conduct Light Music Programme in the place mentioned in the petition, by way of issuing a writ of certiorarified mandamus. 2.It is averred in the petition that the petitioner is a resident of Kodarankulam, Ambasamudram Taluk, Tirunelveli District. Further it is averred in the petition that for conducting Light Music Programme in the place mentioned in the petition, a representation has been given to the second respondent, but the second respondent has erroneously dismissed the same by way of passing the impugned order and in order to quash the same, the present writ petition has been filed. 3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents.
4.It is seen from the records that the second respondent has rejected the requisition of the petitioner mainly on the ground of law and order problem.
5.Considering the fact that a Light Music Programme is going to be conducted in the place mentioned in the petition and also considering that the second respondent has simply rejected the permission mainly on the ground of law and order problem, this Court is of the view that the reason given by the second respondent cannot be accepted and therefore the impugned order is liable to be quashed.
6.In fine, this writ petition is allowed without costs and the impugned order passed by the second respondent is quashed and the second respondent is directed to look into the representation alleged to have been given by the petitioner and dispose of the same afresh within a period of two days.
Sd/- Assisstant Registrar /True copy/ Sub Assistant Registrar(writs)
To 1.Superintendent of Police, Tirunelveli District,Tirunelveli.
2.The Inspector of police, Vikramasingapuram police Station, Ambasamudram Taluk,Tirunelveli.
+1cc to Mr.S.T.Sasidharan Tamilkani,Advocate,SR.5961 +1cc to Government pleader,SR.6283 SMN KK-SKN-06.02.17-3p-5c ORDER MADE IN W.P(MD)No.1890 of 2017 03.02.2017