Madras High CourtWP(MD)/7039/2017partly allowed

S.Chandran v. The Superintendent Of Police

2017-04-19Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.7039 of 2017 S.Chandran .. Petitioner Vs.

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

2.The Deputy Superintendent of Police, District Crime Branch, Theni, Periyakulam Sub Division (Incharge), Theni District.

3.The Sub Inspector of Police, Thenkarai Police Station, Periyakulam, 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 of the second respondent in Na.Ka.No.09/Pothu/Vu.Ko.A-Pe/17, dated 12.04.2017, quash the same and consequently direct the respondents herein to permit the petitioner to perform Festival in A/m.Sri.Pattalamman Petchiamman Karuppasamy Kovil in Saruthupatti, Periyakulam Taluk, Theni District scheduled on 29.05.2017, 30.05.2017 and 31.05.2017 with cultural programme of "Adal Padal" scheduled on 30.05.2017. For Petitioner : Mr.K.Appadurai 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 impugned order dated 12.04.2017 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.

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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 12.04.2017, 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. 4.In fine, this writ petition is allowed in part without costs and the impugned order dated 12.04.2017 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(Protocol) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, District Crime Branch, Theni, Periyakulam Sub Division (Incharge), Theni District.

3.The Sub Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

+1cc to Mr.K.Appadurai,Advocate,SR.52688 +1cc to M/S.Special Government Pleader,SR.53112 W.P(MD)No.7039 of 2017 19.04.2017 SMN KK-SKN RSK-SAR4-25.04.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/