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2013 Supreme(Mad) 1831
High Court of Judicature at Madras
M. VENUGOPAL, J.
N. Selvam
Versus
The Sub-Inspector of Police, Dharapuram
Writ Petition No.14390 of 2013
Decided on : 16-05-2013
For the Petitioner:N. Ponraj, Advocate.
For the Respondent: M.S. Ramesh, Addl. Govt. Pleader.
An administrative order must contain reasons to give an appearance of justice and avoid being unjust and illegal.
Headnote:
Permission - Cultural Programme - The court set aside the impugned order refusing permission to conduct a dance programme, emphasizing the need for the order to contain qualitative and quantitative details and reasons. The court directed the authority to consider the petitioner's claim with prescribed conditions.
Fact of the Case:
The Writ Petition challenges the refusal of permission to conduct a dance programme.
Finding of the Court:
The court found the impugned order to be unjust and illegal due to the lack of reasons, setting it aside in the interest of justice and directing the authority to reconsider the petitioner's claim with prescribed conditions.
Issues: Refusal of permission for a cultural/dance/drama programme without qualitative and quantitative details and reasons.
Ratio Decidendi: An administrative order must contain reasons while deciding on an application or petition, and an order without reasons may be unjust and illegal.
Final Decision: The court set aside the impugned order, allowed the Writ Petition, and directed the authority to consider the petitioner's claim with prescribed conditions.
1. The present Writ Petition is filed challenging the impugned order of the Respondent dated 10.05.2013 refusing to accord permission to the Petitioner to conduct dance programme on 05.06.2013.
2. A cursory perusal of the impugned order passed by the Respondent shows that the same is liable to be set aside on the simple ground that the said order is not a speaking and reasonable one assigning qualitative and quantitative details, while rejecting the request of the Petitioner to conduct the cultural/dance/drama programme.
3. It is to be pointed out that an Administrative Order passed by the Respondent/Authority must contain reasons while deciding the Application or Petition on merits in one way or other. An order without assigning reasons may be just and fair from the point of view of a person who passed the same, but to an aggrieved or affected, the same is an unjust and illegal order. In short, an order passed by the Competent Authority by mentioning reasons thereto will give an appearance of Justice.
4. In view of the fact that the impugned order of the Respondent suffers from patent illegality in the eye of law, this Court, in the interest of Justice, sets aside the same and consequently, allows the instant Writ Petition. Also, this Court directs the Respondent to consider the claim of the Petitioner to conduct the cultural/dance/drama programme prescribing conditions viz., that the Petitioner shall not conduct any indecent programme that would not cause inconvenience to the general public. Such a decision is to be necessarily taken by the Respondent at the earliest, in any event on or before 05.06.2013.
5. With the above direction, the Writ Petition is disposed of. No costs.
