Madras High CourtWP(MD)/7975/2017partly allowed

K.Balu(M/42), v. The Inspector 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.7975 of 2017 K.Balu .. Petitioner Vs.

The Inspector of Police, Bodi Taluk Police Station, Theni District.

.. Respondent 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 on the file of the respondent in his proceedings No.nil dated 21.04.2017 and quash the same as illegal and consequently direct the respondent to grant permission to conduct the Aadal Paadal (dance programme) on 03.05.2017 at about night 7.00 pm to 10.00 pm for one day to celebrate the festival in Arulmighu Sri Udaya Mariamman Thirukovil, which is situated in Ward No.1, Vinobaji Colony, Melachhokkanathapuram Panchayat, Bodinayakanur Taluk, Theni District and consequently give adequate police protection to the festival.

For Petitioner : Mr.M.Suresh For Respondent : 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 passed by the 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 respondent.

3.It is seen from the records that the petitioner has given a representation for the purpose mentioned therein, but the respondent has rejected the same by way of passing the impugned order, wherein it has been simply stated that due to law and order https://hcservices.ecourts.gov.in/hcservices/

problem, permission cannot be granted. The reason assigned by the 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 passed by the respondent is quashed. The 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(CS-II) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Bodi Taluk Police Station, Theni District.

+1cc to Mr.M.Suresh, Advocate in SR.No:54012 Ps AE/JC/SAR2/28.04.2017/2P/3C ORDER MADE IN W.P(MD)No.7975 of 2017 26.04.2017 https://hcservices.ecourts.gov.in/hcservices/