C.Ulaganathan v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.6977 of 2017 C.Ulaganathan .. Petitioner Vs.

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

2.The Inspector of Police, Vickramasingapuram Police Station, Vickramasingapuram, Tirunelveli 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 pertaining to the impugned order dated 10.04.2017 made in Na.Ka.No.21/Che.Mu/Ka.Thu.Ka.e/2017 issued by the first respondent and quash the same and consequently direct the respondents herein to provide adequate permission and police protection during the conduct of the "Musical Orchestra" on 24.05.2017 between 09.00 p.m. To 12.00 a.m at Arulmigu Sri Mutharamman Kompa Madaswami Thirukovil at Kattapuli Street, Vickramasingapuram, Ambasamuthiram Taluk, Tirunelveli District.

For Petitioner : Mr.A.David Oliver For Respondents : Mr.T.S.Mohammed Mohideen, 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 dated 10.04.2017 passed in Na.Ka.No.21/Che.Mu/Ka.Thu.Ka.e/2017 by the first respondent and quash the same and also for giving necessary direction to the respondents to give permission for conducting Musical Orchestra Programme in the place mentioned therein, by way of issuing a Writ of Certiorarified Mandamus.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.T.S.Mohammed Mohideen, 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 first respondent simply on the ground of law and order problem and also for traffic congestion. The reason given by the first respondent is not proper 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 10.04.2017 passed by the first respondent in Na.Ka.No.21/Che.Mu/Ka.Thu.Ka.e/2017 is quashed. The first 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 (Protocol) /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

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

+1 CC to M/s.A.DAVID OLIVER, Advocate, SR No. 52301 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER , SR No. 52797 PS PSM/SV-MMS/SAR4/20.04.2017/2P/5C ORDER MADE IN W.P(MD)No.6977 of 2017 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/