Madras High CourtWP(MD)/5895/2017partly allowed

M.Periyakaruppan, 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.5895 of 2017 and W.M.P(MD)No.4663 of 2017 M.Periyakaruppan .. Petitioner Vs.

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

2.The Sub-Inspector of Police, Rayappanpatti Police Station, Rayappanpatti, 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 21.03.2017 of the second respondent and to quash the same, consequently directing the second respondent to grant permission and necessary protection to perform the cultural programme (ie. ) Adal Padal on 12.04.2017 in the eve of Arul Mighu Kaliamman, Muthalamman, Kannimar Karuppasamy Kovil Thiruvizha at Rayappanpatti, Uthamapalayam Taluk, Theni District. For Petitioner : Mr.C.Bethanasamy 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 21.03.2017 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.

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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 dated 21.03.2017 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. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

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

+1cc to The Special Government Pleader,SR.50666 +1cc to M/S.C.Bethanasamy,Advocate,SR.50223 ORDER MADE IN W.P(MD)No.5895 of 2017 05.04.2017 PS KK-SKN RSK-SAR2-07.04.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/