Madras High CourtWP(MD)/4144/2017ordered

R.Sudalaiyandi v. The Superintendent Of Police

2017-03-10Honourable Mr Justice P. N. Prakash3 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. 4144 of 2017 R.Sudalaiyandi, S/o.Ramiah Thevar, 79C12/10,Ambur Main Road,Dana, Vickramasingapuram, Tirunelveli District.

...Petitioner

Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli. ...Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned memo of the second respondent bearing No. nil dated 05.02.2017 and quash the same and consequently direct the second respondent to grant permission to conduct light music orchestra in the name of "Innisaikatcheri" on 29.03.2017 on the festival of Kaliamman Temple at Dana, Vickramasingapuram, Tirunelveli District.

For Petitioner : Mr.S.Siva Ilayaraja For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ***

O R D E R

This writ petition has been filed challenging the impugned order dated 05.02.2017 of the 2nd respondent and for a consequential direction to the 2nd respondent to grant permission to conduct light music orchestra in the name of "Innisaikatcheri" on 29.03.2017 on the festival of Kaliamman Temple at Dana, Vickramasingapuram, Tirunelveli District.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.It is seen that this petitioner had submitted an application to the 2nd respondent seeking permission to conduct light music programme on 29.03.2017 in connection with the festival of Kaliamman Temple at Dana, Vickramasingapuram, Tirunelveli District and the same has been rejected by the 2nd respondent by the impugned order dated 05.02.2017.

rejected merely on surmises without any materials in support thereof. Under such circumstances, the impugned order is quashed and the 2nd respondent is directed to consider the application of the petitioner afresh and pass orders in accordance with law and on merits. In the event of the 2nd respondent granting permission, stringent conditions may be imposed and that the programme should not be beyond 10 p.m. If any obscene songs or songs insulting the other communities are sung, it is open to the police to intervene and stop the programme.

With the above direction, this writ petition is closed. No costs.

Sd/- Assistant Registrar[CS-III] /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli.

+1cc to M/S.Siva Ilayaraja,Advocate in SR.13848 +1cc to Special Government Pleader,Madurai Bench of Madras High Court,SR.14085 ORDER MADE IN W.P.(MD).No.4144 of 2017 10.03.2017 KK-SV-MMS-SAR3-13.0.2017-2P-5C