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Madras High CourtWP/11817/2019disposed of

E.Asaithambi v. The Deputy Superintendent Of Police

2019-04-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.11817 of 2019 and W.M.P.No.12026 of 2019 E.Asaithambi Member of 'Tamil Nadu Sakiya Arunthathiyar Sangam (A Social Organization) No.4/120, Anna Nagar, Purathakudi Post Manachanallur Taluk Trichy District 621 111 Azagar Koil Street, Velichelgai Post Madurai-02 ... Petitioner Vs.

The Deputy Superintendent of Police Erode City Sub-Division, Erode ... Respondent Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in relation to the Order dated 12.04.2019 in proceeding No.e.f.vz;.N.Ref:139 /P /SDO-ET /2018 passed by the respondent and quash the same and issue a consequential direction to the respondent to give protection to 'Babasahed 'Ambadkar birthday celebration and 'Villaikuthirai' Magazine 5th issue and web page release function scheduled on 21st April 2019 at "Periyar Mandram 'Kacheri Veethi, Erode between 9.30 am to 7.30 pm.

For Petitioner : Mr.S.Saravanan For Respondent : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

The Writ Petition has been filed by the petitioner seeking Writ of Certiorarified Mandamus, calling for the records of the respondent in relation to the Order dated 12.04.2019 in proceeding No.e.f.vz;.N.Ref:139 /P/SDO-ET/2018 passed by the respondent and quash the same and issue a consequential direction to the respondent to give protection to 'Babasahed https://hcservices.ecourts.gov.in/hcservices/

'Ambadkar birthday celebration and 'Villaikuthirai' Magazine 5th issue and web page release function scheduled on 21st April 2019 at "Periyar Mandram 'Kacheri Veethi, Erode between 9.30 am to 7.30 pm.

2.This Court finds no merit in quashing the impunged order passed by the respondent. The impugned order is passed due to the election of Lok Sabha. However, the learned counsel for the petitioner submitted that after election, they may be permitted to conduct the function. Therefore, the petitioner is hereby directed to submit a fresh representation, changing the date of function after the general election for Lok Sabha. Thereafter, the respondent shall consider the same and pass appropriate orders on merits within a period of one week from the date of receipt of such representation from the petitioner. 4.With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kas To 1.The Deputy Superintendent of Police Erode City Sub-Division, Erode 2.The Public Prosecutor High Court of Madras +1cc to Mr.S.Saravanan, Advocate in sr.no.37436 W.P.No.11817 of 2019 and W.M.P.No.12026 of 2019 vum (21/05/2019) https://hcservices.ecourts.gov.in/hcservices/