Madras High Court
M. Venu vs The Inspector Of Police on 26 February, 2015
Author: Satish K. Agnihotri
Bench: Satish K. Agnihotri, M.Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.02.2015 CORAM: THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A. No.251 of 2015 and M.P. No.1 of 2015 M. Venu Appellant vs. The Inspector of Police Malaiyampalayam Police Station Malaiyampalayam Erode District Respondent Writ Appeal preferred under Clause 15 of the Letters Patent as against the order dated 03.02.2015 in W.P. No.2404 of 2015. For appellant Mr. C. Prakasam For respondent Mr. N. Sakthivel Government Advocate JUDGMENT
(Judgment of the Court was delivered by SATISH K. AGNIHOTRI, J.) This intra-Court appeal is directed against the order dated 03.02.2015 passed by the Writ Court in W.P. No.2404 of 2015.
2 The brief facts leading to the filing of the instant appeal are that the appellant submitted a representation on 21.01.2015 before the respondent / police officer seeking permission to conduct dance programme on 25.02.2015 as a part of temple festival and also to provide sufficient police protection during the conduct of the said dance programme. By order dated 22.01.2015, the respondent / police officer refused to grant permission to the appellant to conduct dance programme on the ground that there will be obscenity in the dance programme, which may spoil the mind of youngsters. Challenging the said order passed by the respondent / police officer, the appellant filed the instant writ petition being W.P.No.2404 of 2015 and further, sought a mandamus to the respondent to grant sufficient police protection during the conduct of the dance festival. The Writ Court dismissed the writ petition observing that no such blanket direction, as sought by the appellant, can be issued to the respondent police. However, the Writ Court observed that it is open to the appellant to pursue the representation submitted by him before the respondent. Aggrieved thereby, the instant appeal has been preferred.
3 At the outset, it is to be noted that the instant appeal has become infructuous on the ground that the appellant had sought permission to conduct dance programme on 25.02.2015. Today, the appellant's case cannot be considered on merits, inasmuch as, the date on which the proposed dance programme was to be held, viz., 25.02.2015, has come to an end. However, we make it clear that whenever a fresh representation is made, the authorities are expected to consider each and every case on merits, recording proper reasons while passing orders.
4 With the above observation, the writ appeal stands disposed of. No costs. Connected Miscellaneous Petition is closed.
(S.K.A.J.) (M.V.J.)
26.02.2015
cad/vvk
Index:Yes
To
The Inspector of Police
Malaiyampalayam Police Station
Malaiyampalayam
Erode District
SATISH K. AGNIHOTRI, J.
and
M.VENUGOPAL, J.
cad/vvk
W.A. No.251 of 2015
26.02.2015