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Madras High CourtWP Crl./407/2025disposed of

E.Ashok v. State By

2025-07-25Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN E.Ashok ... Petitioner Vs.

1.

State By The Superintendent of Police, Namakkal District, Namakkal.

2.

The Deputy Superintendent of Police, Tiruchengode Region, Tiruchengode, Namakkal District.

3.

The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issuance of Writ of Mandamus, to direct the respondents to provide adequate police protection for conducting rally in vehicles from Royarpalayam to Tiruchengode on 03.08.2025 by considering the representation dated 08.07.2025.

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For Petitioner : Mr.P.Babu For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to provide adequate police protection for conducting rally in vehicles from Royarpalayam to Tiruchengode on 03.08.2025 by considering the representation of the petitioner dated 08.07.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for respondents and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner has given a representation dated 08.07.2025 to the respondents, wherein and whereby, he sought permission to conduct rally in vehicles from Royarpalayam to Tiruchengode on 03.08.2025 at around 8 a.m., to pay homage to the statue of freedom fighter Maveeran Gunalan at Karukur Mariamman Temple and also to garland the statue of former 2/6

Chief Minister of Tamil Nadu Thiru.Kamaraj. Since there was no response from the respondents, the present petition is filed by the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondents-Police, on instructions, submitted that the third respondentPolice vide letter dated 09.07.2025 rejected the representation of the petitioner dated 08.07.2025 on the main ground that the place in which the rally is proposed to be conducted viz., from Royarpalayam to Tiruchengode comes under the jurisdiction of Elachipalayam Police Station.

5. It is surprised to note that both the Elachipalayam Police Station and the Tiruchengode Town Police Station (third respondent-Police) come under the control of same Superintendent of Police, Namakkal District and Deputy Superintendent of Police, Tiruchengode Region, Namakkal District (1st and 2nd respondents herein). The third respondentPolice ought to have forwarded the representation to the concerned jurisdictional Police station and directed the petitioner to approach the 3/6

concerned Police Station for appropriate relief, instead, the third respondent rejected the representation of the petitioner on the ground of want of jurisdiction. Therefore, the third respondent-Police is hereby directed to forward the representation of the petitioner dated 08.07.2025 to the concerned Police station i.e., Elachipalayam Police Station, Namakkal District forthwith. The petitioner is directed to approach the aforesaid Police station to redress his grievance. The Inspector of Police, Elachipalayam Police Station, Namakkal District is directed consider the representation of the petitioner on merits and in accordance with law, after affording due opportunity of hearing to all the parties, on or before 30.07.2025.

6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

25.07.2025 Note : Issue Order Copy on 28.07.2025 Index : Yes/No Speaking Order : Yes/No ms 4/6

To 1.

The Superintendent of Police, Namakkal District, Namakkal.

2.

The Deputy Superintendent of Police, Tiruchengode Region, Tiruchengode, Namakkal District.

3.

The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District.

4.

The Inspector of Police, Elachipalayam Police Station, Namakkal District.

5.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 25.07.2025 6/6