A.Ganeshraja v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.2954 of 2017 A.Ganeshraja .. Petitioner Vs.

1.The Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

2.The Inspector of Police, Vikramasingapuram Police Station, Vikramasingapuram, 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 calling for the records pertaining to the impugned order dated 19.02.2017 made in Na.Ka.No.10/Che.Mu/Ka.thu.ka.e/2017 issued by the first respondent and quash the same and consequently direct the respondents herein to provide adequate permission and police protection during the conduct of the "Musical Orchestra" on 01.03.2017 at Sriman Narayanaswami Kovil situated at Adaiya Karungulam, Vikramasingapuram, Tirunelveli District.

For Petitioner : Mr.A.David Oliver For Respondents : Mr.R.Anandaraj, Government Advocate.

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 19.02.2017 passed by the first respondent and quash the same and also for directing the respondents to give necessary permission for conducting Musical Orchestra in the place mentioned in the petition, by way of issuing a writ of certiorarified mandamus.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.R.Anandaraj, learned Government Advocate, has taken notice for the respondents.

3.It is seen from the records that the petitioner has given a representation and the same has been rejected simply on the ground of law and order problem.

4.Considering the fact that the representation has been rejected simply on the ground of law and order problem , the reason given by the first respondent cannot be accepted and therefore the impugned order dated 19.02.2017 is liable to be quashed.

5.In fine, this writ petition is allowed in part without costs and the impugned order dated 19.02.2017 passed by the first respondent is quashed. The first respondent is directed to consider the representation alleged to have been given by the petitioner and dispose of the same within a period of two days. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

2.The Inspector of Police, Vikramasingapuram Police Station, Vikramasingapuram, Tirunelveli District.

+1cc to Special Government pleader,SR.9667 +1cc to M/S.A.David oliver,Advocate,SR.9317 ORDER MADE IN W.P(MD)No.2954 of 2017 21.02.2017 smn KK-PM-PN-SAR1-23.02.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/