P.Pugalenthi v. The Election Officer And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.11012 of 2019 P.Pugalenthi .. Petitioner Vs.
1. The Election Officer & The Revenue Divisional Officer, Ariyalur District, Ariyalur.
2. The Deputy Superintendent of Police, Ariyalur Sub Division, Ariyalur, Ariyalur District.
3. The Inspector of Police, Ariyalur Police Station, Ariyalur District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation dated 29.03.2019 of the petitioner immediately and grant permission to the petitioner to hold a public meeting between 5 PM and 10 PM on 14 April 2019 near Perarignar Anna Statue at Ariyalur for the purposes mentioned in the said representation of the petitioner dated 29.03.2019.
For Petitioner : Mr.V.Radhakrishnan For Respondents: Mr.Niranjan Rajagopalan Standing Counsel for ECI
O R D E R
(Order of this Court was made by S.MANIKUMAR, J.) Mr.P.Pugalenthi, a practicing lawyer and President of a political party, viz., "Thamizhdesa Makkal Katchi" has made a representation dated 07.03.2019 to the Inspector of Police, Ariyalur Police Station, Ariyalur District, seeking permission to hold a public meeting on 14.04.2019 between 5 pm and 10 pm, near Perarignar Anna Statute at Ariyalur District.
2. Petitioner has contended that the Inspector of Police, Ariyalur Police Station, Ariyalur District, 3rd respondent has returned his application on 19.03.2019, informing him that he should approach the Election Officer, 1st respondent for grant of such permission. Application returned was represented on 29.03.2019, itself. For nearly twelve days, application is still pending consideration. On the above averments, petitioner has sought for a writ of mandamus, directing the Election Officer & The Revenue Divisional Officer, Ariyalur District, Ariyalur and the Deputy Superintendent of Police, Ariyalur Sub Division, Ariyalur, Ariyalur District, respondents 1 and 2 respectively, to consider his representation dated 29.03.2019 immediately and grant permission to him to hold a public meeting between 5 PM and 10 PM on 14 April 2019 near Perarignar Anna Statue at Ariyalur, for the purposes mentioned in his representation dated 29.03.2019.
3. Taking notice on behalf of the Election Officer & The Revenue Divisional Officer, Ariyalur District, Ariyalur, 1st respondent, Mr.Niranjan Rajagopalan, learned counsel for the Election Commission of India, submitted that if the representation dated 29.03.2019 has not been considered and orders passed, then the same would be done within a day. Submission of Mr.Niranjan Rajagopalan, learned counsel for 1st respondent, is placed on record.
4. Placing on record the above submission, competent authority is directed to consider the petitioner's representation dated 29.03.2019, if not done already and pass orders, as submitted by Mr.Niranjan Rajagopalan, learned counsel for 1st respondent.
5. With the above observations and directions, writ petition is disposed of. No Costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ars To
1. The Election Officer & The Revenue Divisional Officer, Ariyalur District, Ariyalur.
2. The Deputy Superintendent of Police, Ariyalur Sub Division, Ariyalur, Ariyalur District.
3. The Inspector of Police, Ariyalur Police Station, Ariyalur District.
+1cc to Mr.V.Radhakrishnan , Advocate SR.No. 35368 W.P.No.11012 of 2019 kan(co) A.SK(10/04/2019)