Pon Saravanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.3911 of 2017 Pon Saravanan .. Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Sub Inspector of Police, Rayappanpatti Police Station, Theni 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 relating to the impugned order of the second respondent dated 28.02.2017 served on 01.03.2017 and consequently direct the respondents herein to permit the petitioner to perform Panguni Festival in A/m.Karumariyamman Temple at Karumaripuram, Kamaya Goundanpatti, Uthamapalayam Taluk, Theni District scheduled from 21.03.2017 to 24.03.2017 with cultural programme of Adal Padal scheduled on 22.03.2017.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.T.S.Mohammed Mohideen, 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 28.02.2017 passed by the second respondent and quash the same, by way of issuing a writ of certiorarified mandamus.

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2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents. 3.The learned counsel appearing for the petitioner has contended that the second respondent without considering the representation alleged to have been given by the petitioner has erroneously rejected the permission simply on the ground of present political situation and under the said circumstances, the impugned order passed by the second respondent is liable to be quashed.

4.The learned Additional Government Pleader appearing for the respondents has contended that in the village in the same community, there are two groups and under the said circumstances the permission sought by the petitioner has been rightly rejected. 5.In fact this Court has perused the impugned order, wherein no acceptable reason has been given. Under the said circumstances, this Court is inclined to pass the following order. 6.In fine, this writ petition is allowed in part without costs and the impugned order dated 28.02.2017 passed by the second respondent is quashed. However the respondents are directed to constitute a Peace Committee Meeting for the purpose of celebrating the festival within a period of fifteen days. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar smn To 1.The Superintendent of Police, Theni District, Theni.

2.The Sub Inspector of Police, Rayappanpatti Police Station, Theni District.

+1CC to Mr.K.Appadurai, Advocate Sr.No.12896 +1CC to Spl.Government Pleader Sr.No.13174 Gjm/MR/SAR-3-9.3.17-2p-5C ORDER MADE IN W.P(MD)No.3911 of 2017 07.03.2017 https://hcservices.ecourts.gov.in/hcservices/