S.Muthaiah Samy, v. The Inspector Of Police

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.5898 of 2017 S.Muthaiah Samy .. Petitioner Vs.

The Inspector of Police, Puliyangudi Police Station, Kadayanallur Taluk, Tirunelveli District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to direct the Respondent to call for the records pertaining to the impugned order passed by the respondent in Na.Ka.En.09/P1PS/2017 dated 28.03.2017 and quash the same and consequently direct the respondent to grant permission and police protection to the Innisai Katcheri to be conducted at Arulmighu Veeramudaiya Ayanar and Arunachala Vinayagar Temple Festival on 13.04.2017 at .7.00 pm in Puliyangudi, Kadayanallur Taluk, Tirunelveli District.

For Petitioner : Mr.J.Senthil Kumaraiah for M/S Dhana Law Associates For Respondent : 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 impugned order passed by the respondent in Na.Ka.En.09/P1PS/2017 dated 28.03.2017 and quash the same and also for giving necessary direction to the respondent to give permission for conducting Innisai Katcheri in the place mentioned therein, by way of issuing a Writ of Certiorarified Mandamus.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondent.

3.The learned counsel appearing for the petitioner has contended to the effect that the petitioner has given a representation for conducting Innisai Katcheri in the place mentioned in the petition, but the respondent has simply rejected the same on the ground of law and order problem by way of passing the impugned order. Under the said circumstances, the present Writ Petition has been filed.

4.The learned Additional Government Pleader appearing for the respondent has contended that in the year 2015, an occurrence has taken place and due to that a criminal case has been instituted.

5.Considering the aforesaid factual circumstances and also considering the reason given by the respondent, this Court is inclined to pass the following order.

6.In fine, this Writ Petition is allowed in part without costs and the impugned order dated 28.03.2017 passed by the respondent in Na.Ka.En.09/P1PS/2017 is quashed. The 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(C) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Puliyangudi Police Station, Kadayanallur Taluk, Tirunelveli District.

+1 cc to Mr.J.Senthilkumariah, Advocate, SR.No. 50307 +1 cc to Special Government Pleader, SR.No. 50682 ORDER MADE IN W.P(MD)No.5898 of 2017 05.04.2017 ps MKV-SV-MMS-SAR 3/10.4.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/