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Madras High CourtWP/33904/2015disposed of

S.Kalyani v. The Superintendent Of Police

2015-10-20Honourable Mr Justice T.Mathivanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 20.10.2015

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN W.P.No.33904 of 2015 S.Kalyani .. Petitioner

Versus

1 The Superintendent of Police office of the Superintendent of Police Ram Nagar Coimbatore 641 018 2 The Deputy Superintendent of Police Valparai Division Anaimalai Coimbatore District 3 Inspector of Police Valparai Police Station Valparai Coimbatore District .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents to grant permission to the petitioner to conduct demonstration in the form of Dharna along with mike set on 26.10.2015 between 2 Pm to 5 Pm in front of Valparai Municipality at Valparai in Coimbatore District by considering petitioners representation dated 15.10.2015 For Petitioner : Mr. M.Ponraj For Respondents : Mr.N.Sakthivel Government Advocate

O R D E R

Invoking the provisions of Article 226 of the Constitution of India, the petitioner has filed this writ petition seeking a direction, specifically in the nature of writ of mandamus, directing the respondents 1 to 3 to grant permission to the petitioner to conduct demonstration in the form of dharna along with mike set on 26.10.2015 between 2.00p.m

and 5.00p.m in front of the Valparai Municipality at Valpari in Coimbatore District by considering her representation dated 15.10.2015.

2. It is revealed from the averments of the affidavit filed in support of the writ petition that the petitioner is the Union Secretary of Valparai Taluk in a political party named Marumalarchi Dravida Munnetra Kazhagam.

The party is functioning all over the Tamilnadu, under the leadership of Thiru.VAIKO. It is also revealed from the averments of the affidavit that the Valparai Town Panchayat is a beautiful tourist spot situated in the hills of Western Ghats and the town is being administered by the Valparai Municipality. It is the bounden duty of the Administration of the Municipality to provide basic needs to its residents. However, the said Valparai Municipality failed to perform its mandatory functions and indulged in various illegal activities, which resulted for the public to express their grievance. Only for this purpose the petitioner has approached this Court seeking direction to the respondents to grant permission to demonstrate the grievance on behalf of the people of the locality in the manner known to law, without causing hindrance to the public tranquility. It is pertinent to note here that she has given a representation to the respondents on 15.10.2015.

3. Heard Mr.M.Ponraj, learned counsel appearing for the petitioner and Mr.N.Sakthivel, learned Government Advocate appearing for the respondents.

4. Learned Government Advocate appearing for the respondents submitted that there be a direction to the respondents to consider the petitioner's representation dated 15.10.2015.

5. Accordingly, this writ petition is disposed of with the direction to the respondents 1 to 3 to consider the representation of the petitioner dated 15.10.2015, on or before 23.10.2015. There shall be no order as to costs. ars/va s/d- Vacation Officer True Copy Sub-Assistant Registrar To 1 The Superintendent of Police office of the Superintendent of Police Ram Nagar Coimbatore 641 018

2 The Deputy Superintendent of Police Valparai Division Anaimalai Coimbatore District 3 Inspector of Police Valparai Police Station Valparai Coimbatore District + 1 cc to Mr.N.Ponraj, Advocate SR 57799 lrs(co) prk20/10 W.P.No.33904 of 2015