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Madras High CourtWP(MD)/11905/2016disposed of

P.Muthukalai v. The Superintendent Of Police

2016-07-05Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.11905 of 2016 P.Muthukalai ... Petitioner -vs1.

The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.

The Inspector of Police, Narikudi, Virudhunagar District.

3.

The Sub Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the Impugned order dated 28.06.2016 on the file of the 3rd respondent herein and to quash the same and consequently directing the respondents to give permission to conduct stage show on 18.07.2016 during Arulmigu Kaleeswari Muniappa Temple and Arulmigu Ponnalagu Swamy festival situated at V.Karisakulam Village, Virudhunagar District.

For Petitioner :

Mr.J.Anandkumar 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 3rd respondent dated 28.06.2016 with the consequential direction to the respondents to grant permission and necessary protection to perform the Stage Show on 18.07.2016 at 07.00 p.m. in connection with the festival of Arulmigu Kaleeswari Muniappa Temple and Arulmigu Ponnalagu Swamy festival situated at V.Karisakulam Village, Virudhunagar District.

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.

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 3rd respondent was rejected without assigning any reason.

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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 third respondent in person on 07.07.2016 and on receipt of such representation, the 3rd respondent is directed to consider the same and pass appropriate orders on merits and as per law on or before 09.07.2016, as the programme is scheduled to be held on 18.07.2016. With the above direction, the Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To:

1.

The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.

The Inspector of Police, Narikudi, Virudhunagar District.

3.

The Sub Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

+1cc to Special Government Pleader in SR.No.34913 +1CC to M/S.J.Anandkumar, Advocate, SR.No. 35219 W.P(MD)No.11905 of 2016 05.07.2016 sj PA/NGM-MP/SAR III/05.07.2016/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/