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Madras High CourtWP(MD)/7973/2017partly allowed

Jamin R.Raja Thulakshivarnam v. The Sperintendent 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.7973 of 2017 Jamin R.Raja Thulakshivarnam .. Petitioner Vs.

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

2. The Assistant Superintendent of Police, Pattukottai, Thanjavur.

3. The Inspector of Police, Thiruchitrambalam Police Station, Pattukottai, Thanjavur 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 impugned proceeding of the third respondent dated 21.04.2017 and 23.04.2017 and quash the same and consequently direction directing the respondents herein to grant permission and protection for the functions and to conduct Aadal-Padal cultural programs scheduled to be held on 26.04.2017, 27.04.2017, 29.04.2017 in the Village Festival of the Village Temple namely Sri Arulmiku Mutumaraiamman in the Tamil month of Chithirai in Punalvasal Village, Puttukottai Taluk, Thanjavur District.

For Petitioner : Mr.B.Tamilnidhi 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 orders dated 21.04.2017 and 23.04.2017 passed by the third respondent and quash the same and also for giving necessary direction for conducting Aadal Padal Programme in the place https://hcservices.ecourts.gov.in/hcservices/

mentioned therein, by way of issuing a Writ of Certiorarified Mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

3.It is seen from the records that the petitioner has given two representations and the same have been rejected by the third respondent on 21.04.2017 and 23.04.2017 by way of saying that if permission is granted, there is a possibility of performing obscene dance, songs etc.

4.Considering the reason given by the third respondent in the impugned orders, dated 21.04.2017 and 23.04.2017, this Court is inclined to pass the following order.

5.In fine, this Writ Petition is allowed in part without costs and the impugned orders, dated 21.04.2017 and 23.04.2017 passed by the third respondent is quashed. The third respondent is directed to consider the representations alleged to have been given by the petitioner afresh and pass suitable orders on merits within a period of two days. If permission is granted and if there is any obscene songs etc during Aadal Padal Programme, the third respondent is at liberty to proceed as per law. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

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

2. The Assistant Superintendent of Police, Pattukottai, Thanjavur.

3. The Inspector of Police, Thiruchitrambalam Police Station, Pattukottai, Thanjavur District.

+ 1 CC TO Mr.B.TAMILNIDHI, ADVOCATE IN SR No. 54059 PS TE/SV-MMS/SAR-III : 27/04/2017 : 2P/5C ORDER MADE IN W.P(MD)No.7973 of 2017 26.04.2017 https://hcservices.ecourts.gov.in/hcservices/