P.Muthumani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.4562 of 2016 P.Muthumani ... Petitioner vs.

1 The Superintendent of Police Namakkal District, Namakkal.

2 The Commissioner Tiruchengode Municipality, Tiruchengode , Namakkal District.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to permit the petitioner to conduct vehicle procession along with mike set and put up flex board for hosting party flags in the places of Sirumolasi Samathuvapuram, Animoor, Vittampalayam, Thokkavadi, Devankurichi, Karuveppampatti, Palmadai, Kuttaimeickenpatti, Moorpalayam, Kailasapalayam and Appurpalayam including all Wards of Tiruchengode Town on 14.2.2016.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.P.Sanjay Gandhi Additional Government Pleader

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondents to permit the petitioner to conduct vehicle procession along with mike set and put up flex board for hosting party flags in the places of Sirumolasi Samathuvapuram, Animoor, Vittampalayam, Thokkavadi, Devankurichi, Karuveppampatti, Palmadai, Kuttaimeickenpatti, Moorpalayam, Kailasapalayam and Appurpalayam including all Wards of Tiruchengode Town on 14.2.2016.

2.

The petitioner is the Secretary in the MDMK Party in Tiruchengode Union, Namakkal District. The party is going to https://hcservices.ecourts.gov.in/hcservices/

contest forthcoming State Assembly Election and the petitioner is to contest in Tiruchengode Constituency and in the party workers meeting, the petitioner decided to host party flag in various places in Tiruchengode Union viz., Sirumolasi Samathuvapuram, Animoor, Vittampalayam, Thokkavadi, Devankurichi, Karuveppampatti, Palmadai, Kuttaimeickenpatti, Moorpalayam, Kailasapalayam and Appurpalayam including all Wards of Tiruchengode Town. In this connection, the petitioner made a written representation on 01.02.2016 before the first respondent.

But, the first respondent has not considered the same and has not passed any order so far. Therefore, the petitioner has come forward with the present writ petition. 3.

I have heard the learned Additional Government Pleader, who has taken notice on behalf of the respondents. 4.

Considering the facts and circumstances of the case and considering the submissions made on either side, this Court, without going into the merits of the claim of the petitioner, directs the first respondent to consider the written representation of the petitioner dated 01.02.2016 which was given seeking permission to conduct vehicle procession along with mike set and put up flex board for hosting party flags in various places including all Wards of Tiruchengode Town on 14.02.2016, and pass appropriate orders on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner within a period of two days from the date of receipt of a copy of this order.

5.

The writ petition is disposed of accordingly. No costs.

mra s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1 The Superintendent of Police Namakkal District, Namakkal.

2 The Commissioner Tiruchengode Municipality, Tiruchengode , Namakkal District.

+ 1 cc to Mr.C.Prakasam, Advocate SR 7973 vgi(co) prk9/2 Writ Petition No.4562 of 2016 https://hcservices.ecourts.gov.in/hcservices/