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Madras High CourtWP/15469/2019dismissed

K.Harikrishnan v. The State Of Tamilnadu,

2019-06-06Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2019

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP.No.15469 of 2019 K.Harikrishnan ... Petitioner vs.

1. The State of Tamilnadu, Rep. by its Secretary, Home Department, Fort. St.George, Chennai - 600 009.

2. The Director General of Police, Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, Greater City of Chennai, Vepery, Chennai - 600 007.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, forbearing the respondents from allowing the social organizations, political parties and registered associations in publishing in the social media, websites, pamphlets and other mode of publications of choosing Marina beach as their venue for their intended protest and rallies in violation of the orders passed in W.A.No.1042 of 2018 dated 03.09.2018.

For Petitioner : Mr.M.Raja Sekhar For Respondents : Mr.E.Manoharan Additional Government Pleader

ORDER

(Order of the Court was made by S.MANIKUMAR, J) Based on a website publication issued by one "May Seventeen Organisation", that they would hold a memorial on June 9th, near Kannagi Statute at Marina Beach, instant writ petition has been filed for a mandamus, forbearing the respondents from allowing social organizations, political parties and registered associations in publishing in the social media, websites, pamphlets and other mode of publications of choosing Marina beach, as their venue, for their intended protest and rallies in violation of the orders passed in W.A.No.1042 of 2018 dated 03.09.2018.

2. In support of the same, petitioner has relied on the orders of this Court made in WA No.1042 of 2018 dated 03.09.2018, by which a Hon'ble Division Bench of this Court, held that no public meeting should be conducted in Marina Beach.

3. Apprehension of the petitioner is not supported by any documents, except the website publication of May Seventeen Organisation. Petitioner has not filed any document to show that permission is sought for from the police. Even if any such permission is sought for, orders of the Hon'ble Division Bench, in WP No.1042 of 2018 dated 03.09.2018 is binding on

respondents 1 to 3. There is no merit in this writ petition. The petition does not satisfy the test of public interest writ petition. Hence, the instant writ petition is dismissed. No costs.

(S.M.K., J.) (S.P., J.) 06.06.2019 Index: Yes/No.

Internet: Yes Speaking/Non speaking ars To

1. The Secretary, State of Tamilnadu, Home Department, Fort. St.George, Chennai - 600 009.

2. The Director General of Police, Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, Greater City of Chennai, Vepery, Chennai - 600 007.

S.MANIKUMAR,J.

AND SUBRAMONIUM PRASAD , J.

ars WP.No.15469 of 2019 06.06.2019