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Madras High CourtWA/305/2015disposed of

Popular Front Of India v. The Director General Of

2015-02-27Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2015

CORAM

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A.Nos.305 and 306 of 2015 Popular Front of India, represented by its State General Secretary, Sheik Mohammed Ansari, 33/2, Mukathamal Street, Purasaiwakkam, Chennai.

.. Appellant in both appeals Vs.

1. The Director General of Police, Director General of Police Office, Beach Road, Chennai.

2. The Superintendent of Police, District Police Office, Dindigul.

3. The Deputy Superintendent of Police, (Law and order), Dindigul Division, Dindigul District.

4. The Sub-Inspector of Police, South Police Station, Dindigul District.

.. Respondents in W.A.No.305 of 2015

1. The Director General of Police, DGP Office, Beach Road, Chennai.

2. The Commissioner of Police, C.O.P. Office, Egmore, Chennai.

.. Respondents in W.A.No.306 of 2015

Both these writ appeals are preferred under Clause 15 of the Letters Patent against the order of this court dated 17.02.2015 made in W.P.Nos.4049 and 4054 of 2015.

W.P.No. 4049 of 2015:

Writ Petition praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the Na.Ka. Order No.82/ Ka. Thu.Ka.Thi. Na.U/ Din/2015 dated 14.2.2015 passed by the 3rd respondent and quash the same and consequently direct the 3rd respondent to grant permission to the petitioner organization for conducting peaceful procession on 17.2.2015 at about 3 pm from Manikundu to Pegampoor Dindugal along with public meeting in Vathalakundu Road Dindigul on the same day at about 5 pm. W.P.No.4054 of 2015:

Writ Petition praying to issue Writ of Certiorarified Mandamus to call for the records relating to the Na.Ka.Order No.150/Tha.Pee 2/2015-3 dated 15/2/2015 passed by the second respondent and quash the same and consequently direct the second respondent to grant permission for conductig peaceful processio at Egmore Rajrathinam Statidum along with Public Meetig on 17.2.2015 at about 3.30 p.m. For Appellant : Mr.W.Peter Ramesh Kumar For Respondents: Mr.N.Saktivel, GA - - - - - COMMON JUDGMENT (Judgment of the Court was made by SATISH K. AGNIHOTRI, J.) The instant intra-court appeals arise from the common order dated 17.02.2015 passed in W.P.Nos.4049 and 4054 of 2015. 2.

The appellant / writ petitioner, claiming to be the Association under the name and style of Popular Front of India, a Neo-social movement, engaged in empowerment of the backward, oppressed and marginalised section of the society. The writ petitioners have filed two writ petitions, questioning the order dated 14.2.2015 passed by the third respondent in W.P.No.4049 of 2015 and the order dated 15.2.2015 passed by the Commissioner of Police, Chennai in W.P.No.4054 of 2015, rejecting the request of the writ petitioner to take out peaceful procession on 17.02.2015 from Manikundu to Pegampoor, Dindigul along with public meeting in Vathalakundu Road on 17.02.2015.

3.

The learned Single Judge, having heard the learned counsel for the writ petitioner as well as the learned Advocate General,

dismissed the writ petitions, observing that the writ petitioners failed to make out any ground for interference. Being aggrieved the instant writ appeals have been preferred by the writ petitioners. 4.

The relief sought for in the writ petitions was to permit holding of peaceful procession and public meeting on 17.02.2015. Thus, the instant appeals have become infructuous as on date, the proposed date has come to an end and no useful purpose would subserve by hearing the appeals on merits. However, we make it clear that if a representation or application is made by the appellant/ writ petitioner in future, the authorities will consider the same in accordance with law and on its own merit, after recording proper reasons and pass orders. If there is certain extraneous material which requires explanation from the appellant / writ petitioner, the appellant must be afforded an opportunity of hearing before taking a decision on the applications made therein.

5.

Accordingly, both writ appeals are disposed of. No costs. vvk -s/d- Assistant Registrar(CS-III) Dt:4/3/2015 True Copy Sub-Assistant Registrar To

1. The Director General of Police, Director General of Police Office, Beach Road, Chennai.

2. The Superintendent of Police, District Police Office, Dindigul.

3. The Deputy Superintendent of Police, (Law and order), Dindigul Division, Dindigul District.

4. The Sub-Inspector of Police, South Police Station, Dindigul District.

5. The Commissioner of Police, C.O.P. Office, Egmore, Chennai.

+ 2 ccs to Mr.W.Peter Rameshkumar, Advocate SR 11006 and 11007 + 1 cc to Govt.Pleader SR 11152.

mg(co) prk4/3 W.A.Nos.305 and 306 of 2015