Madras High CourtWP(MD)/7831/2017partly allowed

S.Joshua Jebasingh v. The Superintendent Of Police

2017-04-26Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.7831 of 2017 S.Joshua Jebasingh .. Petitioner Vs.

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

2. The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Nanguneri Taluk, 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 relating to the impugned proceedings issued by the second respondent herein in No.Nil dated 29.03.2017 quash the same and direct the respondents herein forthwith to grant permission and police protection to conduct Kabadi Tournament on 15.05.2017 at about 7.00 PM to 16.05.2017 at about 8.00 AM in Parappadi on account of the Holy Trinity Church Festival.

For Petitioner : Mr.A.Ajith Geethan 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 29.03.2017 passed by the second respondent and quash the same and also for giving necessary direction for conducting Kabadi Tournament in the place mentioned therein, by way of issuing a Writ of Certiorarified Mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents.

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 29.03.2017, 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 29.03.2017 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 (T&P) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Nanguneri Taluk, Tirunelveli District.

+ 1 CC TO Mr.A.AJITH GEETHAN, ADVOCATE IN SR No. 54131 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 54693 PS TE/KP/SAR-IV : 03/05/2017 : 2P/5C ORDER MADE IN W.P(MD)No.7831 of 2017 26.04.2017 https://hcservices.ecourts.gov.in/hcservices/