S.Pandiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022 C O R A M THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.2189 of 2022 S.Pandiyan S/o.Shanmugam

...Petitioner

Vs.

1.The District Collector, Kallakuruchi, Kallakuruchi District.

2.The District Superintendent of Police, Kallakuruchi, Kallakuruchi District.

3.The Inspector of Police, Law and Order, Thirunavalur Police Station Kallakuruchi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 02.09.2021, to take appropriate action by allowing to honour the portrait of Dr.Ambedkar and to allow the petitioners to host the political party flag at Kalamarudhur market and issue a direction to the respondents 2 and 3 to provide the police protection while honouring the portrait of Dr.Ambedkar and while hosting the political party flag at Kalamarudhur market.

For Petitioner : Mr.K.Nirmal Kumar For Respondents: Mr.A.Gokulkrishnan Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking for a direction to the respondents 1 and 2 to consider the representation of the

petitioner dated 02.09.2021, to take appropriate action by allowing to honour the portrait of Dr.Ambedkar and to allow the petitioners to hoist the political part flag at Kalamarudhur market and consequently to issue a direction to the respondents 2 and 3 to provide the police protection while honouring the portrait of Dr.Ambedkar and while hoisting the political party flag at Kalamarudhur market.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The case of the petitioner is that he belongs to the Scheduled Caste community and he is a member of the Viduthalai Chiruthai Party. He made a representation to the respondents 1 and 2 to take appropriate action by allowing him and persons belonging to his party to honour the portrait of Dr.Ambedkar and to allow the petitioner to hoist the political party flag at Kalamarudhur market and to issue a direction to the respondents 2 and 3 to provide Police protection. It is his further case that no action has been taken by the respondents based on the representation of the petitioner dated 02.09.2021. 4.Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the respondents are conducting due enquiry based on the representation of the petitioner dated 02.09.2021. 5.

It is seen that, the representation of the petitioner dated 02.09.2021 has not been disposed of. Further, it is also seen that the first respondent - Collector, vide letter dated 30.09.2021 in X/K/(,1)-12776-2021 had forwarded the petitioner's representation to the second respondent and to the Revenue Divisional Officer, Kallakuruchi.

6.Considering the records and the submission made by the learned Additional Public Prosecutor, a direction is issued to the second respondent to conduct enquiry and dispose the representation of the petitioner dated 02.09.2021 in accordance with law within a period of two months from the date of receipt of a copy of this order.

7. This Criminal Original Petition is disposed of accordingly.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rst To:

1.The District Collector, Kallakuruchi, Kallakuruchi District.

2.The District Superintendent of Police, Kallakuruchi, Kallakuruchi District.

3.The Inspector of Police, Law and Order, Thirunavalur Police Station Kallakuruchi District.

4.The Public Prosecutor, Madras High Court.

+1cc to M/s.N.Narayanaswamy, Advocate Sr.8566 W.P.No.2189 of 2022 jp-II[co] srg 22/02/2022