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Madras High CourtWP(MD)/6327/2017partly allowed

M.Gunasekaran, v. The Superintendent Of Police,

2017-04-10Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.6327 of 2017 M.Gunasekaran .. Petitioner Vs.

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Chekkanoorani (Circle) Police Station, Madurai District.

3. The Sub Inspector of Police, Vickaramangalam Police Station, Madurai 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 impugned order of the 2nd and 3rd respondents dated 05.04.2017 and quash the same in relation to the rejection of permission for performing Adal Padal on 11.04.2017 at Melaperumalpatti Village Arulmighu Sri Manthaiamman Kovil, Madurai District and further direct the 1st respondent to provide police permission and protection to the Adal Padal schedule to be held on 11.04.2017 at Melaperumalpatti Village Arulmighu Sri Manthaiamman Kovil, Madurai District by considering the petitioner's representation dated 06.04.2017. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.M.Govindan, Special 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 orders dated 05.04.2017 passed by the second and third respondents and quash the same, by way of issuing a writ of certiorarified mandamus.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

3.It is seen from the records that the petitioner has given a representation for the purpose mentioned therein, but the second and third respondents have rejected the same by way of passing the impugned orders dated 05.04.2017, wherein it has been simply stated that due to law and order problem, permission cannot be granted. The reason assigned by the second and third respondents cannot be accepted 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 orders dated 05.04.2017 passed by the second and third respondents are quashed. The third 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 (CO) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Chekkanoorani (Circle) Police Station, Madurai District.

3. The Sub Inspector of Police, Vickaramangalam Police Station, Madurai District.

+1cc to M/s.S.BALAKARTHICK, Advocate, in SR No. 51064 SMN AAM-SKN RSK/SAR 3/10.04.2017 2P 5c ORDER MADE IN W.P(MD)No.6327 of 2017 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/