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Madras High CourtWP(MD)/5655/2017partly allowed

T.Rajadurai President, v. The Superintendent Of Police

2017-04-05Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5655 of 2017 T.Rajadurai .. Petitioner Vs.

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Kanyakumari Police Station, Kanyakumari 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 on the file of the second respondent pertaining to its order bearing Pothu/03/2017 dated 19.03.2017 and to quash the same only with regard to the time schedule of 10.00 pm fixed by the respondent and consequently direct the respondents to grant permission to conduct the temple festival and cultural programme from 18.04.2017 to 28.04.2017 upto 2.00 am in the morning at Arulmigu Sree Vetti Murichan Isakkiyamman Temple situated in Perumalpuram, Kottaram Post, Kanyakumari District.

For Petitioner : Mr.S.C.Herold Singh 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 order dated 19.03.2017 passed by the second respondent and quash the same, by way of issuing a Writ of Certiorarified Mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing for the petitioner has contended to the effect that the second respondent has granted

permission for conducting programmes mentioned in the petition till 10.00 p.m., but poojas are going to be performed till 12.30 a.m. Under the said circumstances, the order passed by the second respondent is liable to be quashed.

3.The learned Special Government Pleader appearing for the respondents has contended to the effect that the petitioner may be directed to give a fresh representation.

4.Considering the fact that the second respondent has already granted permission for conducting programmes mentioned in the petition till 10.00 pm., this Court is inclined to pass the following order.

5.In fine, this Writ Petition is allowed in part without costs and the impugned order dated 19.03.2017 passed by the second respondent is modified as follows:- "The second respondent is directed to give necessary permission for conducting programmes mentioned in the petition till 11.00 p.m."

sd/- Assistant Registrar(c) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

+2 cc to Special Government Pleader, SR.No. 50735 & 19311 +1 cc to Mr.S.Herold Singh, Advocate, SR.No. 50296 ORDER MADE IN W.P(MD)No.5655 of 2017 05.04.2017 ps MKV-SKN-SAR 3/10.4.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/