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Madras High CourtWP(MD)/7071/2017partly allowed

Arumugam, v. The Assistant

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.7071 of 2017 Arumugam .. Petitioner Vs.

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

2.The Inspector of Police, Tenkasi 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 Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.07/Proceeding/FIPS/2017 dated 15.04.2017 pertaining to the rejection of Musical Program (Ennisai Katcheri) alone and quash the same and consequently direct the respondents to grant permission to conduct Musical Programme (Ennisai Katcheri) on 29.04.2017 near Sudalai Madasamy Temple, Melapuliyur, Tenkasi, Tirunelveli District.

For Petitioner : Mr.R.J.Karthick 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 in respect of Musical Programme, dated 15.04.2017 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 in respect of Musical Programme alone by way of passing the impugned order dated 15.04.2017, wherein it has been simply stated that due to law and order problem, permission for Musical Programme 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 15.04.2017 passed by the second respondent in respect of Musical Programme is quashed. The second respondent is directed to look into the representation alleged to have been given by the petitioner afresh in respect of Musical Programme and pass suitable orders on merits within a period of two days.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

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

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

+1 cc to Mr.R.J.Karthick, Advocate, SR.No.52848 +1 cc to Special Government Pleader, SR.No. 53107 ORDER MADE IN W.P(MD)No.7071 of 2017 19.04.2017 smn MKV-RSK-SAR 2/24.4.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/