Madras High CourtWP(MD)/7736/2017partly allowed

P.Somumoorthy, v. The Superintendent Of Police

2017-04-25Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.7736 of 2017 P.Somamoorthy .. Petitioner Vs.

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

2. The Inspector of Police, Kadayam 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 of the impugned order passed by the second respondent in Na.Ka.No.12/Ka.Aa.A/Ka.Va/17 dated 12.04.2017 and quash the same and consequently direct the second respondent to give permission and necessary protection to conduct Adal Padal and Musical programme in connection with Arulmighu Sri Subramania Swamy Thirukovil Vaikasi Visaga Festival scheduled to be held on 06.06.2017 at Myilappapuram, Venkampatti Post, Alangulam Taluk, Tiruenlveli District.

For Petitioner : Mr.V.Thirumal 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 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.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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, Tirunelveli District, Tirunelveli.

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

+1cc to M/S.V.Thirumal, Advocate SR.No. 53742 +1cc to Special Government Pleader, SR.No.54679 ORDER MADE IN W.P(MD)No.7736 of 2017 25.04.2017 JM/SV MMS/SAR 4/03.05.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/