Madras High CourtWP(MD)/2778/2017allowed

P.Thirumalai Kumaraswami v. The Sub- Inspector Of Police,

2017-02-17Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.2778 of 2017 P.Thirumalai Kumaraswami .. Petitioner Vs.

The Sub-Inspector of Police, Pavoor Chathiram Police Station, Thenkasi Taluk, 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 calling for the records relating to the impugned order dated 14.02.2017 issued by the respondent police and quash the same and consequently direct the respondent to grant permission to conduct temple festival of Masi Perunthiruvizha of Vennimalai Arulmighu Valli Theva Sena Samayathe Sri Subramaniyasamy Thirukovil at Kamarajar Nagar, Pavoor Chathiram, Thenkasi Taluk, Tirunelveli District and the other cultural activities to be held on 01.03.2017 to 11.03.2017. For Petitioner : Mr.V.Sasikumar For Respondent : 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 14.02.2017 passed by the respondent and quash the same and also for directing the respondent to grant necessary permission to conduct temple festivals and also Innisai Katcheri in the place mentioned in the petition by way of issuing a writ of certiorarified mandamus.

2.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is seen from the impugned order that the respondent has stated that since various communities will be assembled for

hearing Innisai Katcheri, law and order problem would arise. Only under the said circumstances, the respondent has rejected the permission sought by the petitioner.

4.The reason given by the respondent for rejecting the permission is not genuine and therefore the impugned order dated 14.02.2017 is liable to be quashed.

5.In fine, this writ petition is allowed without costs and the order dated 14.02.2017 is quashed. However the respondent is directed to reconsider the representation dated 14.02.2017 alleged to have been given by the petitioner and pass suitable order within a period of two days.

Sd/ Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To The Sub-Inspector of Police, Pavoor Chathiram Police Station, Thenkasi Taluk, Tirunelveli District.

+1CC to M/S.V.Sasi Kumar, Advocate, SR.No. 9084. +1CC to the Special Government Pleader, SR.No. 9184 ORDER MADE IN W.P(MD)No.2778 of 2017 17.02.2017 smn AM/RSK/SAR-1/21.02.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/