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Madras High CourtWP(MD)/15513/2016disposed of

P.Balakrishnan, v. The Superintendent Of Police

2016-08-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.15513 of 2016 P.Balakrishnan ... Petitioner -vs1.

The Superintendent of Police, Madurai District, Madurai.

2.

The Inspector of Police, Usilampatti Town Police Station, Usilampatti Madurai District.

... Respondents 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 of the 2nd respondent in his order dated 18.08.2016 and quash the same as it is non application of mind and consequently, directing the respondents to grant permission to celebrate Vinayagar Chaturthi festival at Kokkudaiyanpatti Village, Usilampatti Taluk, Madurai District, dated 05.09.2016 to 07.09.2016.

For Petitioner :

Mr.G.Radhakrishnan For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

This petition has been filed, seeking to quash the order dated 18.08.2016 passed by the 2nd respondent and consequently, direct the respondents to grant permission to celebrate Vinayagar Chaturthi festival at Kokkudaiyanpatti Village, Usilampatti Taluk, Madurai District, dated 05.09.2016 to 07.09.2016.

2. Heard the learned counsel for the petitioner and the learned Mr.D.Muruganandam, learned Additional Government Pleader appearing for the respondents.

3. The petitioner has submitted that he is residing in Kokkudaiyanpatti Village, Usilampatti Taluk, Madurai District; that every year the village people are conducting Vijayagar https://hcservices.ecourts.gov.in/hcservices/

Chadurthi festival ; that this year Vinayagar Chadurthi festival is scheduled to be conducted from 05.09.2016 to 07.09.2016; that the petitioner has submitted a representation dated 18.08.2016 to the respondents in this regard and the permission requested under the representation dated 18.08.2016 has been refused on the ground that there is likelihood of possibility of law and order by the impugned order on 18.08.2016 passed by the 2nd respondent and therefore, the petitioner is before this Court seeking the above relief.

4. The learned Additional Government Pleader for the respondents would submit that the representation of the petitioner dated 18.08.2016 will be considered and suitable orders will be passed thereon.

5.In view of the above submission, the petitioner is directed to submit a fresh representation to the 2nd respondent in person and on receipt of such representation being made, the 2nd respondent is directed to consider the same and pass orders thereon on merits and in accordance with law. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected C.M.P.is closed. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To:

1.

The Superintendent of Police, Madurai District, Madurai.

2.

The Inspector of Police, Usilampatti Town Police Station, Usilampatti Madurai District.

+1cc to M/S.G.Radhakrishnan, Advocate in SR.No.47600 W.P(MD)No.15513 of 2016 26.08.2016 nbj PA/GSV.PM/SAR-III/26.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/