K.Mariappan, v. The Assistant Superintendent

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.7174 of 2017 K.Mariappan .. Petitioner Vs.

1.The Assistant Superintendent of Police, Cheranmahadevi Division, Tirunelveli District.

2.The Inspector of Police, Muneerpalam Police Station, Muneerpalam, 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 relating to the impugned order in e.f.vz;.30/br.K.M./c.fh.f/nriu/2017 dated 10.04.2017 of the first respondent and to quash the same, consequently directing the first respondent to grant permission and necessary protection to perform the cultural programme (i.e.,) Innisai Katcheri on 03.05.2017 at 07.00 p.m. to 01.00 a.m. in the eve of Arulmigu Muppidathiamman Kovil "Kodai Vizha" at Gopalasamuthiram, Tirunelveli District.

For Petitioner : Mr.S.Muthumalai Raja 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 impugned order dated 10.04.2017 passed by the first 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.

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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 first respondent has rejected the same by way of passing the impugned order dated 10.04.2017, wherein it has been simply stated that due to law and order problem, permission cannot be granted. The reason assigned by the first 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 10.04.2017 passed by the first respondent 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(RTI) /True Copy/ Sub Assistant Registrar To

1. The Assistant Superintendent of Police, Cheranmahadevi Division, Tirunelveli District.

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

+1 cc to Mr.S.Muthumalai Raja, Advocate, SR.No.52570 +1 cc to Special Government Pleader, SR.No. 52822 ORDER MADE IN W.P(MD)No.7174 of 2017 19.04.2017 smn MKV-SKN-SAR 2/24.4.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/