Madras High CourtWP(MD)/5449/2017partly allowed

N.Eswaran 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.5449 of 2017 N.Easwaran .. Petitioner Vs.

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

2.The Sub-Inspector of Police, Devaram Police Station, Devaram, 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 relating to the impugned order dated 10.03.2017 of the second respondent and to quash the rejected portion of the function dated 08.04.2016 consequently directing the second respondent to grant permission and necessary protection to perform the cultural programme (ie. ) Adal Padal on 08.04.2017 in the eve of Arul Mighu Sri Petchiamman Kovil Thiruvizha at T.Munandipatti, Devaram, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.S.Prabhu 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 impugned order dated 10.03.2017 passed by the second respondent and quash the same and also for giving necessary direction to give permission for conducting Adal Padal Programme in the place mentioned therein, 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 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.

4.In fine, this Writ Petition is allowed in part without costs and the impugned order dated 10.03.2017 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(T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

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

+1CC to M/S.S.Prabhu, Advocate, SR.No. 18314 +1CC to the Special Government Pleader SR.No. 18960 ORDER MADE IN W.P(MD)No.5449 of 2017 28.03.2017 ps AM/SKN RSK/SAR-4/05.04.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/