Madras High CourtWP(MD)/5208/2017partly allowed

Gobi, S/O.Perumal v. The Superintendent Of Police

2017-03-27Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5208 of 2017 Gobi .. Petitioner Vs.

1. The Superintendent of Police, O/o.The Superintendent of Police, Theni District.

2. The Sub-Inspector of Police, Gudalur North Police Station, Theni District - 625 518.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 15.03.2017 passed by the second respondent and quash the same as illegal and consequentially direct the second respondent to grant permission to perform the cultural programme i.e., Dance Programme on 11.04.2017 and 12.04.2017 at evening between 06.00 p.m. and 10.30 p.m. in the festival of Aarulmigu Kaaliyamman Temple, Gudalur, Theni District. For Petitioner : Mr.R.Karunanidhi For Respondents : 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 15.03.2017 passed by the second respondent and quash the same and also for directing the respondents to give permission for conducting cultural programme in the place mentioned in the petition, by way of issuing a writ of certiorarified mandamus. https://hcservices.ecourts.gov.in/hcservices/

2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents. 3.It is seen from the records that a representation has been given by the petitioner and the same has been rejected by the second respondent by way of passing the impugned order on 15.03.2017. The second respondent has rejected the permission simply on the ground of law and order problem. The reason assignedby the second respondent cannot be admitted. Under the said circumstances, this Court is inclined to pass the following order.

4.In fine, this writ petition is allowed in part without costs and the impugned order dated 15.03.2017 passed by the second respondent is quashed. The second respondent is directed to consider the representation afresh and pass suitable order on merits within a period of two days.

Sd/- Assistant Registrar (Protocal) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o The Superintendent of Police, Theni District.

2. The Sub-Inspector of Police, Gudalur North Police Station, Theni District - 625 518.

+ 1 CC TO Mr.R.KARUNANIDHI, ADVOCATE IN SR No. 18012 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 18207 SMN TE/RSK/SAR-II : 28/03/2017 : 2P/5C ORDER MADE IN W.P(MD)No.5208 of 2017 27.03.2017 https://hcservices.ecourts.gov.in/hcservices/