Punitha Bharatham, All v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 6.5.2015.

CORAM

THE HON'BLE Dr.JUSTICE S.TAMILVANAN W.P.No.14137 of 2015 and M.P.No.1 of 2015 Punitha Bharatham All Christian People's Movement Regn. No.259/2008 rep. by its President W.C.Thomas Jesus Bhavan No.249, Kamarajapuram, Nungambakkam, Chennai 600 034.

... Petitioner vs.

1. The Commissioner of Police Greater Chennai, Chennai

2. The Inspector of Police E-1 Mylapore Police Station Mylapore Chennai 4 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents more particularly the 1st respondent to grant permission for the procession as well as police protection for the proposed hunger strike to the petitioner in pursuance of his representation dated 21.4.2015 either on 12.5.2015 or any other following date on their convenience forthwith.

For Petitioner : Mr.S.Palanivelayutham For respondents : Mr.T.N.Rajagopalan, Special Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

Writ petition has been filed seeking an order in the nature of mandamus directing the Commissioner of Police, the first respondent herein to grant permission for the procession as well as police protection for the proposed hunger strike, to the petitioner in pursuance of his representation dated 21.4.2015 either on 12.5.2015 or any other following date on their convenience forthwith.

2. The hunger strike is not a fundamental right. The petitioner cannot seek police protection for hunger strike or for any procession. Having gone through the affidavit and the relief sought for, this court is of the view that the relief sought for will not come under the purview of invoking Article 226 of the Constitution of India. Accordingly, the same is liable to be dismissed.

3. In the result, the writ petition is dismissed as legally not maintainable. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar ssk.

To

1. The Commissioner of Police Greater Chennai, Chennai

2. The Inspector of Police E-1 Mylapore Police Station Mylapore Chennai 4 +1cc to Mr.S.Palanivelayutham, Advocate, S.R.No.24998 +1cc to the Government Pleader, S.R.No.24988 W.P.No.14137 of 2015 CA(11/05/2015) https://hcservices.ecourts.gov.in/hcservices/