Madras High CourtWP(MD)/6391/2017partly allowed

P.Nataraj 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.6391 of 2017 P.Nataraj .. Petitioner Vs.

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

2.The Inspector of Police, Taluk Police Station, Bodinayakanur, 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 impugned order dated 05.04.2017 of the second respondent and to quash the same, consequently directing the respondents to grant permission and necessary police protection to perform the cultural programme(i.e.,) Adal Padal Dance Programme on 12.04.2017 at 06.00 p.m. to 11.00 p.m. in the festival of Arulmighu Sri Kaliamman Thirukovil at Keelachokanathapuram, Bodinayakanur Taluk, Theni District.

For Petitioner : Mr.V.Manikandan.

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 order dated 05.04.2017 passed by the second respondent and quash the same, 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 the petitioner has given a representation for the purpose mentioned therein, but the second respondent has rejected the same by way of passing the impugned order dated 05.04.2017, wherein it has been simply stated that due to law and order problem, permission cannot be granted. The https://hcservices.ecourts.gov.in/hcservices/

reason assigned by the second respondent 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 order dated 05.04.2017 passed by the second respondent 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(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Taluk Police Station, Bodinayakanur, Theni District.

+1CC to M/S.V.Manikandan, Advocate, SR.No. 51256 ORDER MADE IN W.P(MD)No.6391 of 2017 smn AM/SKN RSK/SAR-2/10.04.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/