Madras High CourtWP(MD)/5753/2017partly allowed

R.Sekar, S/O.Rajendran Gounder 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.5753 of 2017 R.Sekar .. Petitioner Vs.

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

2. The Inspector of Police, Bodi Taluk Police Station, Bodinaickanoor, 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 calling for the records relating to the proceedings of the second respondent in Proceedings No. Nil, dated 28.03.2017 and quash the same as arbitrary illegal and consequently direct the second respondent to grant permission for perform cultural programme in the festival of "Arulmigu Sri Kaliamman Temple panguni Festival" at Anaikaraipatti Village, Bodi Taluk, Theni District on 05.04.2017.

For Petitioner : Mr.S.Sukumar 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 dated 28.03.2017 passed by the second respondent 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.

2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents.

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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 dated 28.03.2017 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 on merits within a period of two days.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Bodi Taluk Police Station, Bodinaickanoor, Theni District.

+1 cc to Mr.S.Sukumar, Advocate, SR.No. 19086 ORDER MADE IN W.P(MD)No.5753 of 2017 04.04.2017 ps MKV-SKN-SAR 2/5.4.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/