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Madras High CourtWP/3604/2023disposed of

Annamalai Palkalai Kazhaga Pani Niraval Ooziyar Nala Sangam, v. The Superintendent Of Police

2023-02-14Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Annamalai Palkalai Kazhaga pani niraval ooziyar Nala Sangam, Reg.No.SRG/Chidambaran/5/2022, Represented by its President, Registered Office at No.13, Golden Nagar, Pallipadai, Chidambaram - 608 001.

...Petitioner

Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Cuddalore, Cuddalore District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Cuddalore, Cuddalore District.

3.The Inspector of Police, Chidambaram town police station, Chidambaram, Cuddalore District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, call for records of the 2nd

respondent pertains to impugned order of the 2nd respondent dated 16.12.2022 bearing ref No.Na.Ka.No.8/oo.Kaa.ka/Chidam-Utt/2022 and quash the same, consequently direct the respondents to permit the petitioner to conduct the one day hunger strike most preferably any Saturday at near Gandhi statue, Chidambaram, Cuddalore District. For Petitioner : Ms.M.Rajalakshmi for Mr.P.R.Thiruneelakandan For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to call for records of the 2nd respondent pertains to impugned order of the 2nd respondent dated 16.12.2022 bearing ref No.Na.Ka.No.8/oo.Kaa.ka/Chidam-Utt/2022 and quash the same, consequently direct the respondents to permit the petitioner to conduct the one day hunger strike most preferably any Saturday near Gandhi statue, Chidambaram, Cuddalore District.

2. When the matter is taken up, learned Government Advocate (Criminal side) submitted that, if petitioner gives fresh representation mentioning date, time and alternative venue for the proposed fasting, the respondent police would consider and pass appropriate orders.

3. In the light of the submissions of learned Government Advocate (Criminal side) , this Court directs the petitioner to give fresh representation to the respondents, mentioning the date, time and alternative venue for the proposed fasting. On such, giving of the representation, the respondent police is directed to consider and pass orders in the manner known to law within a period of one week from the date of filing of fresh representation.

4. With the above directions, this Criminal Original Petition is disposed of.

14.02.2023 Index :Yes/No Internet :Yes/No gd To 1.The Superintendent of Police, Office of the Superintendent of Police, Cuddalore, Cuddalore District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Cuddalore, Cuddalore District.

3.The Inspector of Police, Chidambaram town police station, Chidambaram, Cuddalore District.

G.CHANDRASEKHARAN, J.

gd 14.02.2023