India Dravida Makkal Munnetra Katchi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN India Dravida Makkal Munnetra Katchi Rep by V. Palanisamy, Party Spokesperson, Mookampalayam, Sinthagounderpalayam Post, Anthiyur Taluk,

...Petitioner

-Vs1. The District Collector, District Collectorate,

2. The Superintendent of Police, Office of the Superintendent of Police,

3. The Inspector of Police, Sithodu Police Station, Sithodu, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 25.04.2023 by directing the

3rd respondent provide protection to General body meeting on 14.05.2023 from 9 a.m., to 5 p.m., at Vijaya Hotel, Sithodu, as per law. For Petitioner : Mr.M.Selvam For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed for direction to direct the third respondent to provide adequate police protection to general body meeting to be held on 14.05.2023 at Vijaya Hotel, Sithodu. 2.

The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner already lodged complaint on the very same allegation against the counter parties. In the said complaint, the petitioner was issued CSR No.170 of 2023 dated 22.04.2023 and the same was enquired in detail after issuance of notice to the counter parties. Further the counter parties also recorded their statement before the third respondent that they will not interfere with the election conducted by the petitioner. Recording their undertaking, the said complaint was closed.

3.

Thereafter, the petitioner lodged the present complaint without even adding the counter parties. In the present Writ Petition also the petitioner failed to add the counter parties. That apart, the petitioner already lodged complaint and same was enquired by the third respondent. Therefore, the prayer sought for in this Writ Petition cannot be granted. However, the submission made by the learned Government Advocate (Crl. Side) is hereby recorded.

4.

Accordingly, the Writ Petition stands closed. There shall be no order as to cost.

04.05.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts To

1. The District Collector, District Collectorate,

2. The Superintendent of Police, Office of the Superintendent of Police,

G.K.ILANTHIRAIYAN. J, rts

3. The Inspector of Police, Sithodu Police Station, Sithodu,

4. The Public Prosecutor, Madras High Court, Chennai.

04.05.2023