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Madras High CourtWP(MD)/5863/2017partly allowed

D.Selvadani v. The Superintendent Of Police

2017-04-05Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam3 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.5863 of 2017 and W.M.P(MD)No.4645 of 2017 D.Selvadani .. Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Ambasamudram Division, Tirunelveli District.

3.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli 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 pertaining to the impugned order dated 10.03.2017 signed on 12.03.2017 on the file of the third respondent and quash the same as illegal and consequently direct the third respondent to grant permission to perform the cultural program i.e., Innisai Nikalchi in the event of "Arulmigu Papanasa Swami Thirukovil Festival" to be held on 13.04.2017 at about 06.00 p.m. to 01.00 a.m. at Arulmigu Papanasa Swami Thirukovil, TNUN Thidal, Papanasam, Ambasamudram Taluk, Tirunelveli District.

For Petitioner : Mr.T.Lajapathi Roy, 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 12.03.2017 passed by the third respondent and quash the same and also for directing the respondents to give permission for conducting the programme 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.

3.It is seen from the records that a representation has been given by the petitioner, but the same has been rejected on 12.03.2017 by way of passing the impugned order by the third respondent. The third respondent has rejected the permission simply on the ground of law and order problem. The reason assigned by the third respondent is not proper and therefore this Court is inclined to pass the following order. 4.In fine, this writ petition is allowed in part without costs and the impugned order dated 12.03.2017 passed by the third respondent is quashed. The third respondent is directed to consider the representation alleged to have been given by the petitioner afresh and dispose of the same within a period of two days. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Ambasamudram Division, Tirunelveli District.

3.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

+1cc to Mr.T.Lajapathi Roy, Advocate, SR.No:50542 +1cc to Special Government Pleader, SR.No:50680 smn AE/MR/SAR3/10.04.2017/3P/6C ORDER MADE IN W.P(MD)No.5863 of 2017 and W.M.P(MD)No.4645 of 2017 05.04.2017