Madras High CourtWP(MD)/5706/2017partly allowed

K.Anbazhagan v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5706 of 2017 K.Anbazhagan .. Petitioner Vs.

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

2.The Deputy Superintendent of Police, Social Justice & Human Rights Division, Periyakulam Sub Division (In-charge), Theni District.

3.The Inspector of Police, Thenkarai Police Station, Periyakulam, 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 of the second respondent in Na.Ka No.06/Pothu/Vu.Ko.A-Pe/17 dated 25.03.2017 quash the same and consequently direct the respondents herein to permit the petitioner to perform festival in A/m.Kailsanathar Thirukoil, Kailasapatti, Periyakulam Taluk, Theni District scheduled on 13.04.2017 and 14.04.2017 with cultural programme of Aadal Padal scheduled on 14.04.2017.

For Petitioner : Mr.K.Appadurai 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 rejection order passed by the second respondent in Na.Ka No.06/Pothu/Vu.Ko.A-Pe/17 dated 25.03.2017 and quash the same and also for giving necessary direction to the respondents to give permission for conducting Aadal Padal Programme in the place mentioned therein, by way of issuing a Writ of Certiorarified Mandamus.

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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 is not proper. Under the said circumstances, this Court is inclined to pass the following order.

4.In fine, this Writ Petition is allowed in part without costs and the rejection order passed by the second respondent in Na.Ka.No.06/Pothu/Vu.Ko.A-Pe/17 dated 25.03.2017 is quashed. The second respondent is directed to look into the representation alleged to have been given by the petitioner afresh and pass suitable orders within a period of two days.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Social Justice & Human Rights Division, Periyakulam Sub Division (In-charge), Theni District.

3.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

+1 CC to M/s.K.APPADURAI, Advocate, SR No. 19202 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 50314 PS PSM/SKN/SAR3/07.04.2017/2P/6C ORDER MADE IN W.P(MD)No.5706 of 2017 04.04.2017 https://hcservices.ecourts.gov.in/hcservices/