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Madras High CourtWP(MD)/5408/2017partly allowed

Jeyaram 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.5408 of 2017 and W.M.P(MD)No.4340 of 2017 Jeyaram .. Petitioner Vs.

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

2. The State rep. By, The Inspector of Police, Vadamadurai Police Station, Dindigul 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 CHD:15/HIPS/2017 dated 12.03.2017 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 Adal Padal on 02.04.2017 at 09.00 pm and loud speaker permission on 03.04.2017 during the celebration of Panguni Festival of Arulmigu Vinayar, Sri Murugan, Sri Mariamman and Sri Kaliamman Temple situated at Periya Reddiarpatti V.Singarakottail Village, Vedachandur Circle, Dindigul District.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.M.Govindan, Special 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 rejection order dated 12.03.2017 passed by the second respondent in CHD:15/HIPS/2017 and quash the same and also for giving https://hcservices.ecourts.gov.in/hcservices/

necessary direction to give permission for conducting Adal Padal Programme in the place mentioned therein, by way of issuing a Writ of Certiorarified Mandamus.

2.Mr.M.Govindan, learned Special 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 is not bonafide and therefore this Court is inclined the pass the following order.

4.In fine, this Writ Petition is allowed in part without costs and the rejection order dated 12.03.2017 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. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Vadamadurai Police Station, Dindigul District.

+1 cc to Mr.S.Palani Velayutham, Advocate, SR.No. 18490 ORDER MADE IN W.P(MD)No.5408 of 2017 28.03.2017 ps MKV-SKN-RSK-SAR 4/3.4.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/