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Madras High CourtWP(MD)/9400/2016disposed of

T.Durairaj, v. The Superintendent Of Police

2016-05-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2016

CORAM

THE HON'BLE MR.JUSTICE B.GOKULDAS W.P.(MD) No.9400 of 2016 and W.M.P.(MD)No.7459 of 2016 T.Durairaj ... Petitioner -vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Allinagarram Police Station, Theni District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned order in C.No.69/Mike/B2PS/2015 dated 18.05.2016 passed by the second respondent and quash the same and consequently direct the second respondent to grant permission and protection to perform cultural events such as Adalpadal programme scheduled to be held on 25.05.2016 at 06.00 p.m. To 10.00 p.m. in the eve of "Vaikasi Festival" at Arulmigu Sri Muthumari Amman Kovil at Annanji Village, Theni Taluk and District.

For Petitioner :Mr.R.Subramanian For Respondents :Mr.S.Prabha Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed, to call for the records relating to the impugned order in C.No.69/Mike/B2PS/2015 dated 18.05.2016 passed by the second respondent and quash the same and consequently direct the second respondent to grant permission and protection to perform cultural events such as Adalpadal programme scheduled to be held on 25.05.2016 at 06.00 p.m. to 10.00 p.m. in the eve of "Vaikasi Festival" at Arulmigu Sri Muthumari Amman Kovil at Annanji Village, Theni Taluk and District.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to perform cultural events such as Adalpadal programme scheduled to be held on 25.05.2016 at 06.00 p.m. to 10.00 p.m. in the eve of "Vaikasi Festival" at Arulmigu Sri Muthumari Amman Kovil at Annanji Village, Theni Taluk and District. He would further submit that in this connection, a https://hcservices.ecourts.gov.in/hcservices/

representation was given to the respondent police on 18.05.2016, with a request to grant permission to conduct the programme on the above said date. However, the respondent Police has rejected the representation without mentioning any reason and hence, the petitioner is before this Court with this Writ Petition.

3. Heard the learned counsel on either side.

4. Since the respondent police has not mentioned any reason in the order of rejection dated 18.05.2016, the rejection order dated 18.05.2016 is set aside and the respondent police are directed to pass orders in accordance with law either permitting or rejecting the representation dated 18.05.2016, given by the petitioner on or before 25.05.2016 in the light of the previous orders of this Court dated 30.04.2015 passed in W.P.(MD)No.7397 of 2015 and also taking into account the law and order problem and other aspects, prevailing in the area, as expeditiously as possible. 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

sd/ Assistant Registrar (V.O) /True copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Allinagarram Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Subramanian, Advocate in SR.No.26570 SDR/GSV-PM/SAR II/20.05.2016/2P/5C W.P.(MD) No.9400 of 2016 https://hcservices.ecourts.gov.in/hcservices/