Madras High CourtWP(MD)/5407/2017partly allowed

Raja v. The Superintendent Of Police

2017-03-28Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5407 of 2017 Raja .. Petitioner Vs.

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

2.The State Rep. By The Sub Inspector of Police, Sawyerpuram Police Station, Thoothukudi 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 impugned order dated 11.03.2017 passed by the second respondent herein and subsequently quash the same as devoid of merits and further direct the respondents to grant permission for performing Innisai Katcheri on 08.04.2017 during the celebration of Panguni Festival of Arulmigu Narayana Swamy Thirukovil at Sivathaiyapuram, Thoothukudi District. For Petitioner : Mr.S.Palani Velayutham 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 11.03.2017 passed by the second respondent and quash the same and also for giving necessary direction to give permission for conducting Innisai Katcheri in the place mentioned therein, 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 representation given by the petitioner 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. Under the said circumstances, this Court is inclined the pass the following order. https://hcservices.ecourts.gov.in/hcservices/

4.In fine, this Writ Petition is allowed in part without costs and the impugned order dated 11.03.2017 passed by the second respondent is quashed. The second respondent is directed to consider the representation afresh and dispose of the same on merits within a period of two days and if there is any law and order problem, the second respondent is directed to take proper action. Sd /- Assistant Registrar /TrueCopy Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Sub Inspector of Police, Sawyerpuram Police Station, Thoothukudi District.

+1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.19297 +1 CC TO MR.S.PALANI VELAYUTHAM,ADVOCATE,SR NO.18488 ps MAS/SV-MMS/SAR3:05.04.2017:2P-5C ORDER MADE IN W.P(MD)No.5407 of 2017 28.03.2017 https://hcservices.ecourts.gov.in/hcservices/