All College Students v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10798 of 2015 and M.P.No.1 of 2015 All College Students Association Represented by its General Secretary, S.Ramachandran, No.25/7, Kannagi Nagar, Okkiyam Thuraipakkam, Chennai - 600 097.
.. Petitioner - Vs -
1. State of Tamilnadu, Represented by Inspector of Police, J-11, Kannnagi Nagar Police Station.
2. The Commissioner of Police, Chennai Police Commissionerate, Vepery, Chennai.
.. Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pass appropriate orders pursuant to the application dated 06.04.2015 and grant permission to fast and mark our protest in a peaceful way on the 16th April, 2015 at any appropriate place as fixed by this Court.
Petitioner : Mrs.R.Revathi for M/s.Black N Red Law Associates For Respondents : Mr.R.Vijayakumar Additional Government Pleader
O R D E R
By consent the writ petition is take up for final disposal.
2. The deponent of the affidavit filed in support of this writ petition claims to be the General Secretary of the All College Students Association and states that the organisation is committed to the social welfare particularly to the needs of the residents of
Kannagi Nagar and Ezhil Nagar. He would further submit that the petitioner association has been conducting public meetings, protests and seminars involving public issues particularly those affecting the rights of the dwellers of Kannagi Nagar. The petitioner further states that the slum dwellers from all over the city of Chennai were evacuated and were given alternate residence in Okkiyam Thuraipakkam and the colonies were named as Kannagi Nagar and Ezhil Nagar. Since basis facilities have not been provided to them, the petitioner association wanted to conduct a fast to draw the attention of the Government to the plight and sufferings of the residents of the above said area. For that purpose, they submitted an application dated 06.04.2015, to the respondents for undergoing fast. Since no order came to be passed on the said application, the petitioner association has come up with this writ petition.
3. Heard the submissions of the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice for the respondents.
4. Mr.R.Vijayakumar, learned Additional Government Pleader on instructions produced the proceedings of the second respondent bearing No.538/Ta.P.2/2015, dated 15.04.2015 and submitted that since undergoing fast is against law and it may affect the public order the permission sought for by the petitioner has been refused, however the petitioner association can undergo fasting for one day in any one of the notified places. It is submitted by the learned Additional Government Pleader, on instructions, that the petitioner association can undergo fasting for one day in any one of the permitted places situated in and around Sholinganallur. The said statement is placed on record.
5. The petitioner association is permitted to undergo fasting on 21.04.2015, for the purpose of highlighting their plight in the permitted area located in and around Sholinganallur and it is open to the respondents to impose any reasonable conditions in accordance with law.
The writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kk
To
1. The Inspector of Police, J-11, Kannnagi Nagar Police Station.
2. The Commissioner of Police, Chennai Police Commissionerate, Vepery, Chennai.
+ 1 cc to MS. Revathy, Advocate SR.20733 + 1 cc Government Pleader Sr.20683 BKY(CO) EU 28.04.2015 W.P.No.10798 of 2015 and M.P.No.1 of 2015