Madras High CourtWP(MD)/4113/2017disposed of

M.Ramachandran v. The Superintendent Of Police

2017-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P(MD) No.4113 of 2017 M.Ramachandran ... Petitioner Vs.

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

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

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd Respondent in his order dated 20.02.2017 and quash the same as it is non application of mind and consequently directing the Respondents to grant permission for Celebrating Kodai Vizha Festival at Arulmigu Shri Uchimakaliamman Kovil, Uthumalai Village, V.K.Puthur Taluk, Tirunelveli District, from 20.03.2017 to 22.03.2017.

For Petitioner : Mr. G.Radhakrishnan For Respondent : Mr. T.S.Mohammed Mohideen, Additional Government Pleader

ORDER

This writ petition has been filed to quash the order dated 20.02.2017 passed by the 2nd respondent and for a consequential direction to direct the respondents to grant permission for Celebrating Kodai Vizha Festival at Arulmigu Shri Uchimakaliamman Kovil, Uthumalai Village, V.K.Puthur Taluk, Tirunelveli District, from 20.03.2017 to 22.03.2017.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner made an application to the Inspector of Police, 2nd respondent, seeking permission to conduct light music programme on 20.03.2017 in connection with Arulmigu Shri https://hcservices.ecourts.gov.in/hcservices/

Uchimakaliamman Kovil, Uthumalai Village, V.K.Puthur Taluk, Tirunelveli District and the same has been rejected by the 2nd respondent by the impugned order dated 20.02.2017.

4. On a reading of the impugned order, the Inspector of Police has not even given any valid reasons for rejecting the request. It is also stated that there has not been any untoward incident in the previous years. Under such circumstances, the impugned order passed by the 2nd respondent is hereby quashed and the 2nd respondent is directed to consider the representation of the petitioner afresh on merits. If permission is granted, the petitioner shall comply with the conditions imposed by the 2nd respondent and the programme should get over by 10p.m. on 20.03.2017.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /TRUE COPY/ Sub Assistant Registrar RR To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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

+1 CC to Mr.G.Radhakrishnan, Advocate Sr.No.13862 +1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 14073 GJM/SV/MMS/SAR-3-13.3.17-2p-5C W.P(MD)No.4113 of 2017 10.03.2017 https://hcservices.ecourts.gov.in/hcservices/