Madras High CourtWP(MD)/5269/2017partly allowed

V.M.R.Selvendiran 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.5269 of 2017 V.M.R.Selvendiran .. Petitioner Vs.

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

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

3. The Inspector of Police, Devathanapatti Police Station, 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 impugned order dated 23.03.2017 in Na.Ka.No.05/Pothu/U.Ko.A-Pe/17 on the file of the second respondent and quash the same as illegal and consequently direct the second respondent to give the permission for conducting Aadal Padal on 01.04.2017 (for one day) and give adequate police protection for peaceful performance of "Panguni Festival" scheduled to be conducted in the Arulmegu Sri Kaliamman Kovil, D.Kamakkapatti, Genguvarpatti Post, Periyakulam Taluk, Theni District.

For Petitioner : Mr.R.Venkatesan 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 order dated 23.03.2017 passed in Na.Ka.No.05/Pothu/U.Ko.A-Pe/17 by the second respondent and quash the same and also for directing https://hcservices.ecourts.gov.in/hcservices/

the respondents to give necessary permission for conducting Adalpadal Programme in the place mentioned in the petition, by way of issuing a writ of certiorarified mandamus. 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents.

3.It is seen from the records that the petitioner has given a representation and the same has been rejected by the second respondent simply on the ground of law and order problem. The reason assigned by the second respondent cannot be accepted and the same is liable to be quashed.

4.In fine, this writ petition is allowed in part without costs and the impugned order dated 23.03.2017 passed in Na.Ka.No.05/Pothu/U.Ko.A-Pe/17 by the second respondent is quashed. The second respondent is directed to consider the representation alleged to have been given by the petitioner afresh and dispose of the same on merits within a period of two days. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To

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

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

3. The Inspector of Police, Devathanapatti Police Station, Theni District.

+1 cc to Mr.R.Venkatesan, Advocate, SR.No.17920 +1 cc to Special Government Pleader, SR.No.18412 ORDER MADE IN W.P(MD)No.5269 of 2017 27.03.2017 smn MKV-RSK-SAR 2/28.3.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/