Arulmigu Sangli Poothathar v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.3101 of 2017 Arulmigu Sangli Poothathar Temple, Ayan Singampatti Village, rep. by its President P.Ramaiah, Ayan Singampatti Village, Ambasamudram Taluk, Tirunelveli District.

.. Petitioner Vs.

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

2. The Sub-Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, 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 of the 1st respondent by his impugned proceedings in Na.Ka.No.09/Se.Mu./Ka.Thu.Ka.E/2017 dated 19.02.2017 and quash the same in respect of rejecting the permission to conduct "Orchestra" alone and consequently direct the respondents to grant permission and protection for conducting "Orchestra" on 26.02.2017 at 09.00 p.m. in Arulmigu Sangli Poothathar Thirukovil, Ayan Singampatti Village, Ambasamudram Taluk, Tirunelveli District. For Petitioner : Mr.N.Vignesh For Respondents : Mr.M.Govindan, Special 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 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 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.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

3.It is seen from the records that the first respondent has rejected the permission sought by the petitioner mainly on the grounds of law and order problem, traffic problems, etc. 4.The reason given by the first respondent cannot be accepted. Under the said circumstances, the impugned order passed by the first respondent 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 and if there is any law and order problem, the respondents 1 and 2 are directed to take appropriate legal action. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To

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

2. The Sub-Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Tirunelveli District.

+1 CC to MR.N.Vignesh, Advocate, SR NO:9937 ORDER MADE IN W.P(MD)No.3101 of 2017 22.02.2017 smn MKV-PM-PN/23.2.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/