Madras High CourtWP(MD)/8277/2017partly allowed

K.Kombaiah v. The Superintendent Of Police

2017-04-27Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.8277 of 2017 K.Kombaiah .. Petitioner Vs.

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

2.The Inspector of Police, Kayathar Police Station, Thoothukudi 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 impugned order passed by the second respondent dated 18.04.2017 and quash the same as illegal, consequently direct the respondents to grant permission to conduct Adal and Padal on 09.05.2017 at Sri Kaliamman Temple festival situated at North Ilanthaikulam Village, Kovilpatti Taluk, Thoothukudi District based on the petitioner's representation dated 17.04.2017.

For Petitioner : Mr.V.S.Kishok Kumar 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 18.04.2017 passed by the second respondent and quash the same, by way of issuing a writ of certiorarified mandamus. 2.Mr.K.T.S.Mohammed Mohideen, 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 18.04.2017, wherein it has been simply stated that due to law and order problem, permission cannot be granted. The https://hcservices.ecourts.gov.in/hcservices/

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 18.04.2017 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(RTI) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kayathar Police Station, Thoothukudi District.

+1cc to Mr.V.S.Kishok kumar,Sr.54410 +1cc to M/s.Special Government Pleader,Sr.55246 W.P(MD)No.8277 of 2017 27.04.2017 SMN KK-SVMMS-SAR4-03.05.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/