Madras High CourtWP(MD)/5196/2017partly allowed

T.Palpandian v. The Superintendent Of Police

2017-03-24Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5196 of 2017 T.Palpandian .. Petitioner Vs.

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

2.The Sub-Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, 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, to call for the records pertaining to the rejection order of the second respondent dated 21.03.2017 and quash the same and consequently direct the respondents to grant permission and protection for Adal Padal program in connection with Thiruvizha scheduled to be held on 29.03.2017 at Arulmigu Sri Kaleeswari, Sri Nageswari Amman Thirukovil at Vaikalparai Village, Theni District by considering the petitioner's representation dated 21.03.2017.

For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.K.Guru, 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 21.03.2017 passed by the second respondent in respect of Adal Padal Programme and quash the same, by way of issuing a Writ of Certiorarified Mandamus.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents.

3.It is seen from the records that the second respondent has rejected the permission simply on the ground of law and order problem. The reason assigned by the second respondent cannot be accepted. Under the said circumstances, this Court is inclined the pass the following order.

4.In fine, this Writ Petition is allowed in part without costs and the impugned order dated 21.03.2017 passed by the second respondent is quashed. However, the second respondent is directed to consider the representation afresh and pass suitable orders on merits.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Sub-Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Theni District.

+1 cc to MR.R.KARTHICK RAJAN, Advocate SR.No.17573 +1 cc to Special Government Pleader SR.No.18149 ORDER MADE IN W.P(MD)No.5196 of 2017 24.03.2017 SMA/CM-MSA/SAR-4/24.03.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/