Madras High CourtWP(MD)/4445/2017partly allowed

S.Sivasubramanian, v. The Inspector Of Police

2017-03-16Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4445 of 2017 S.Sivasubramanian .. Petitioner Vs.

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

.. Respondent 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 pertaining to the impugned order passed by the respondent dated 21.02.2017 and quash the same as illegal, consequently, direct the respondent to permit the petitioner to perform music concert on 29.03.2017 between 07.00 p.m. to 12.00 p.m. during the temple festival of Arulmighu Sri Oorsoolntha Ambikapathi Amman Temple, Kakkanallur Village, Ambasamudram Taluk, Tirunelveli District.

For Petitioner : Mr.D.Venkatesh For Respondent : 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 order dated 21.02.2017 passed by the respondent and quash the same, by way of issuing a writ of certiorarified mandamus. 2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondent. 3.The learned counsel appearing for the petitioner has contended that for conducting Light Music Programme in the place mentioned in the petition, a representation has been given, but https://hcservices.ecourts.gov.in/hcservices/

the respondent has rejected the same mainly on the ground of law and order problem and under the said circumstances the present writ petition has been filed for getting the relief sought therein.

4.It is seen from the order passed by the respondent that the representation of the petitioner has been rejected simply on the ground of law and order problem. The reason assigned by the respondent cannot be accepted. Under the said circumstances, this Court is inclined the pass the following order. 5.In fine, this writ petition is allowed in part without costs and the impugned order dated 21.02.2017 passed by the respondent is quashed. The respondent is directed to consider the representation given by the petitioner and dispose of the same within a period of two days.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

+ 1 CC TO Mr.D.VENKATESH, ADVOCATE IN SR No. 15171 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 15513 SMN TE/SV-MMS/SAR-III : 20/03/2017 : 2P/4C ORDER MADE IN W.P(MD)No.4445 of 2017 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/