Madras High CourtWP(MD)/14203/2016disposed of

R. Subramanian, v. The Sub Inspector Of

2016-08-05Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.14203 of 2016 R.Subramanian ... Petitioner -VsThe Sub Inspector of Police, Thirukurungudi Police Station, Thirukurungudi, Tirunelveli District.

... Respondent 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 passed by the respondent in No.Nil, dated 31.07.2016 and quash the same and consequently direct the respondent to grant permission and necessary protection to conduct Orchestra on the eve of Arulmigu Sri Kuthupirai Esakkiamman Temple festival at Raja Pudur Village, Nanguneri Taluk, Tirunelveli District which is to be held on 13.08.2016.

For Petitioner :

Mr.G.Thalaimutharasu For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

The writ petition has been filed praying to quash the impugned order passed by the respondent dated 31.07.2016 with a consequential direction to the respondent to provide police protection and permission to the petitioner to conduct Orchestra on the eve of Arulmigu Sri Kuthupirai Esakkiamman Temple festival at Raja Pudur Village, Nanguneri Taluk, Tirunelveli District, on 13.08.2016.

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

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 respondent was rejected vide the impugned order.

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

6. However, the reasons alleged may not exist as of now and as the situation is liable to change, the petitioner is permitted to make a fresh representation.

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7. Accordingly, the petitioner is directed to make a fresh representation to the respondent in person on 10.08.2016 and on receipt of such representation, the respondent is directed to consider the same and pass appropriate orders on merits and as per law forthwith, as the function is scheduled to be held on 13.08.2016.

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

Sd/ Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To:

The Sub Inspector of Police, Thirukurungudi Police Station, Thirukurungudi, Tirunelveli District.

+1cc to M/S.G.Thalaimutharasu, Advocate in SR.No.42304 +1cc to Special Government Pleader in SR.No.42593 W.P(MD)No.14203 of 2016 05.08.2016 gcg PA/AAL-MPA/SAR I/08.08.2016/2P/4C (IT) https://hcservices.ecourts.gov.in/hcservices/