Kpk.Kasirajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.11396 of 2016 KPK.Kasirajan ... Petitioner -vs1.The State of Tamilnadu rep.by the Superintendent of Police, Pudukottai District.

2.The Sub Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 2nd respondent dated 11.06.2016 on the application of the petitioner and quash the same and consequently directing the respondents herein to grant permission to conduct the cultural programme namely Adalum Padalum dance programme on 10.07.2016 between 6 PM to 11 PM in pursuant to the Kumbabishegam festival of the Arulmigu Deva Vinayagar Temple at Posampatti Village, Thirumayam Taluk, Pudukkottai District by considering the representation of the petitioner dated 10.06.2016 and to give adequate protection.

For Petitioner : Mr.S.Manikandan For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader

O R D E R

The writ petition has been filed to quash the impugned order passed by the second respondent dated 11.06.2016 with the consequential direction to the respondents to grant permission and necessary protection to perform the cultural programme namely "Adalum Padalum" on 10.07.2016 between 6 PM to 11 PM, pursuant to Kumbabishegam festival of Arulmigu Deva Vinayagar Temple at Posampatti Village, Thirumayam Taluk, Pudukkottai District, by considering the representation of the petitioner dated 10.06.2016.

2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

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3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period. He would further submit that the representation given to the second respondent was rejected without assigning any reason.

5. The learned Additional Government Pleader appearing for the respondent would submit that considering the law and problem prevalent in the area, the permission for conducting programme was rejected.

6. However, the reasons alleged do not form part of the order and as the law and order problem may not exist in the area as of now, the petitioner is permitted to make a fresh representation.

7. The petitioner is directed to make a fresh representation to the second respondent in person on 04.07.2016 and on receipt of such representation, the second respondent is directed to consider the same and pass appropriate orders on merits and as per law on or before 08.07.2016, as the programme is scheduled to be held on 10.07.2016.

8.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS) To 1.The Superintendent of Police, Pudukottai District. 2.The Sub Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

+1cc to Mr.S.Manikandan, Advocate, Sr.No.34062 +1cc to the Special Government Pleader, Sr.No.34069 mj JM/SK-SKN/SAR-I/01.07.2016/2P-5C W.P(MD)No.11396 of 2016 29.06.2016 https://hcservices.ecourts.gov.in/hcservices/