C.Oviyar Anandh v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.28068 of 2021 C.Oviyar Anandh
...Petitioner
Vs.
1. The Superintendent of Police, Kallakurichi District, Kallakurichi.
2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to call for the records relating to the order of rejection passed in NA.KA.No.21/va.ka/kalla/2021 dated 08.11.2021 on the file of second respondent quash the same and direct the respondents to permit the petitioner to hold agitation (Kandana Arpattam) for the cause mentioned in the notice of the petitioner dated 05.11.2021 or any other subsequent dates to secure ends of Justice.
For Petitioner :Mr.A.Ramesh For Respondents :Mr.E.Raj Thilak, Additional Public Prosecutor.
ORDER
This petition has been filed to call for the records relating to the order of rejection passed in NA.KA.No.21/va.ka/kalla/2021, dated 08.11.2021, on the file of second respondent and quash the same and direct the respondents to permit the petitioner to hold agitation (Kandana Arpattam) for the cause mentioned in the notice of the petitioner, dated 05.11.2021 or any other subsequent dates.
2. The contention of the petitioner is that the petitioner is working for the upliftment of the depressed
community people life and liberty and he had given a representation dated 05.11.2021, to the second respondent seeking to hold agitation against some police officials who have not followed the rules and regulations and to take action against those officials. The second respondent, on the representation of the petitioner, citing the 32 Police Act, had denied the permission. He further submitted that now the situation is limping back to normalcy and almost all the activities have returned to normalcy, but, citing the Covid-19 pandemic situation, the petitioner has been denied permission.
3. The learned Additional Public Prosecutor submits that now the situation is that the Covid-19 had now entered the third stage and recently, Courts have also completely suspended the physical hearing. Colleges and Schools have been closed and restrictions have been brought in almost all activities. Therefore, the petitioner's prayer cannot be entertained. He further submitted that if the present situation improves, the petitioner can renew his representation.
4. Considering the submissions and perusing the materials, it is not in dispute that Covid-19 third stage is emanated and restrictions have been issued for the functioning of the Colleges and Schools and even Courts have also completely suspended the physical hearing. In view of the same, the prayer sought for by the petitioner cannot be acceded to. Anyhow, the petitioner can renew his prayer as and when the situation improves. Accordingly, the writ petition is dismissed. No Costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sli To
1. The Superintendent of Police, Kallakurichi District, Kallakurichi.
2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
3. The Public Prosecutor, High Court, Madras.
W.P.No.28068 of 2021 SRA(CO) SP(25/01/2022)