K.Pandurangan, Ex-Minister v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2017
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Writ Petition No.26936 of 2017 and W.M.P.No.28721 of 2017 K.Pandurangan ... Petitioner Vs.
1. The Superintendent of Police, Vellore District, Vellore.
2. The Deputy Superintendent of Police, Vellore Sub-Division, Vellore.
3. The Inspector of Police, Sathuvachari Police Station, Vellore District.
...
Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records on the file of the 3rd respondent in Na.Ka.No.102/INSP.C4PS/2017 dated 11.10.2017 and to quash the same and consequently directing the 3rd respondent to grant permission to conduct the agitation and demonstrate the issues on 23.10.2017 at 11.00 a.m in front of the Collectorate, Sathuvachari, Vellore, Vellore District.
For petitioner : Mr.E.Kannadasan For Respondents : Mr.S.Babu Government Advocate.
ORDER
The purpose for which the petitioner intends to agitate is for a CBI enquiry to probe the death of the Hon'ble Former Chief Minister of Tamil Nadu, Selvi.J.Jayalalitha.
2.Heard Mr.E.Kannadasan, learned counsel appearing for the petitioner and Mr.S.Babu, learned Government Advocate appearing for the respondents.
3.The learned Government Advocate appearing for the respondents submitted that the Government of Tamil Nadu has already appointed an Enquiry Commission by appointing a former Judge of this Hon'ble High Court, viz., Mr.Justice A.Arumughaswamy, to probe into the death of Hon'ble Former Chief Minister of Tamil Nadu, Selvi.J.Jayalalitha and the said enquiry is pending.
4.When an enquiry has already been initiated by the Government of Tamil Nadu, it would not be appropriate to direct the respondent to grant permission to the petitioner for the conduct of agitating and demonstrating into the same issue. Hence, I do not find any justification as to why the petitioner should be permitted to demonstrate for this cause. 5.At this juncture, the learned counsel for the petitioner submits that, apart from the present issue with regard to the death of the Hon'ble Former Chief Minister of Tamil Nadu, Selvi.J.Jayalalitha, they intend to agitate a few other issues, which are not connected with the aforesaid probe. It is needless to point out that, it is always open to the petitioner to approach the police authorities seeking for permission, which is not connected with the issue seeking probe into the death of the Hon'ble Former Chief Minister of Tamil Nadu.
6.In the result, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rm To
1. The Superintendent of Police, Vellore District, Vellore.
2. The Deputy Superintendent of Police, Vellore Sub-Division, Vellore.
3. The Inspector of Police, Sathuvachari Police Station, Vellore District.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.E.Kannadasan, Advocate, S.R.No.73904 +1cc to the Government Pleader, S.R.No.74165 Writ Petition No.26936 of 2017 and W.M.P.No.28721 of 2017 CS/26/10/17