LAWS(MAD)-2015-11-208

SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU; COMMISSIONER OF POLICE; ASSISTANT COMMISSIONER OF POLICE; INSPECTOR OF POLICE Vs. C MUTHUPANDIAN @ MUTHUPANDI

Decided On November 17, 2015
Secretary To Government, Government Of Tamil Nadu; Commissioner Of Police; Assistant Commissioner Of Police; Inspector Of Police Appellant
V/S
C Muthupandian @ Muthupandi Respondents

JUDGEMENT

(1.) The respondent herein/writ petitioner, being aggrieved by the order dated 21 July, 2014, wherein, his application seeking grant of public resort licence to conduct cultural programmes at No.100 G.P. Road 2nd floor, Anna Salai, Chennai 2, was rejected on the ground that there is no sufficient parking space and thus, vehicles coming to the venue could impede traffic flow, filed the instant writ petition being W.P. No.22727 of 2014. The learned single Judge, considering all aspects of the matter, held that the impugned order dated 21 July, 2014 is unsustainable and accordingly, quashed the same. Thereagainst, the respondents are before us by way of this intra-court appeal.

(2.) The learned Special Government Pleader appearing for the appellants submits that the place, for which, licence was sought by the respondent/writ petitioner, does not have parking space and as such, the public road, which has only 20' width, may be choked with parking made by the visitors of that place. It is further contended that the police have full authority to regulate the parking in front of the said public resort.

(3.) The respondent/ writ petitioner had filed an affidavit of undertaking before us clearly undertaking to conduct only limited cultural programmes and that no parking will be permitted on the road in question. It is further stated in the undertaking that the respondent/writ petitioner has sufficient space for parking of vehicles by the visitors. His affidavit of undertaking reads as under:-