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Madras High CourtWP/7930/2019disposed of

M.K.S.Chandrakumar v. The Commissioner Of Police

2019-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN W.P.No.7930 of 2019 M.K.S.Chandrakumar ... Petitioner

Versus

The Commissioner of Police, O/o.the Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

...

Respondent Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings passed by the respondent herein vide proceedings No.257/Tha.Pi,2/2019, dated 02.03.2019 and quash the same and consequently direct the respondent herein to permit the petitioner to conduct the hunger strike on 24.03.2019 at Shanmugam Salai (Near Thillai provisional Stores and Amma Unavagam), Tambaram.

For Petitioner :

Mr.G.Karithikeyan For Respondent :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This writ petition has been filed to quash the the impugned proceedings passed by the respondent herein vide proceedings No.257/Tha.Pi,2/2019, dated 02.03.2019 and quash the same and consequently direct the respondent permit the petitioner to conduct the hunger strike on 24.03.2019 at Shanmugam Salai (Near Thillai provisional Stores and Amma Unavagam), Tambaram. 2.It is seen the impugned order passed by the 2nd respondent in No.257/Tha.Pi,2/2019, dated 02.03.2019 cannot be quashed by this Court, because, the date of conducting the Hunger Strike is lapsed. Since, now the Election Commission is also announced https://hcservices.ecourts.gov.in/hcservices/

the date of Election.

3.Therefore, the respondent is not a competent person to permit the petitioner to conduct the Hunger Strike. However, the petitioner is at liberty to file a fresh representation before the competent authority by changing the venue and changing the date of Hunger Strike.

4.In view of the above, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vv2 To

1. The Commissioner of Police, O/o.the Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Karithikeyan, Advocate, S.R.No.26937 W.P.No.7930 of 2019 NRL(CO) CS/23/04/2019 https://hcservices.ecourts.gov.in/hcservices/