Madras High CourtWP(MD)/6859/2017partly allowed

Pandiyaraja, S/O. Pandiyan v. The Superintendent Of Police

2017-04-17Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.6859 of 2017 Pandiyaraja .. Petitioner Vs.

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

2.The Inspector of Police, Vasudevanallur 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 Mandamus Certiorarified Mandamus calling for the records relating to the rejection order dated 09.04.2017 passed by the second respondent and quash the same and consequently direct the second respondent to grant permission and protection to perform Innisai Katcheri program scheduled to be held on 24.04.2017 pursuant "Kodai Vizha" at Arulmigu Sri Kaliamman Thirukovil at Sinthamaniperipudur, Sivagiri Taluk, Tirunelveli District. For Petitioner : Mr.R.Ramasamy 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 order dated 09.04.2017 passed by the second respondent and quash the same, by way of issuing a writ of certiorarified mandamus. 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 respondent has rejected the same by way of passing the impugned order dated 09.04.2017, wherein it has been simply stated that due to law and order problem, permission cannot be granted. The reason assigned by the second respondent cannot be accepted and therefore this Court is inclined to pass the following order. https://hcservices.ecourts.gov.in/hcservices/

4.In fine, this writ petition is allowed in part without costs and the impugned order dated 09.04.2017 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, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

+1cc to Mr.R.Ramasamy, Advocate in SR.No:52130 +1 cc to Special Government Pleader in SR.No:52495 smn AE/MR/SAR4/20.04.2017/2P/5C ORDER MADE IN W.P(MD)No.6859 of 2017 17.04.2017 https://hcservices.ecourts.gov.in/hcservices/