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Madras High CourtWP/32102/2024dismissed

Kathir Rajarathinam v. The Commissioner Of Police

2024-11-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.11.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- Kathir Rajarathinam ..

Petitioner Vs.

1. The Commissioner of Police, Salem Metropolitan Line Road, Salem.

2. The Assistant Commissioner of Police, Salem Metropolitan Salem.

3. The Inspector of Police, Asthampatti Police Station, Salem.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to give permission and Police protection to the PMK party, Salem District President, to pay memorial tribute to the martyrs of MBC 20% reservation at 4 Road Salem at 11 am for 10 to 15 minutes on 17.11.2024 on the basis of the petitioner's petition dated 19.09.2024.

For petitioner : Mr.A.E.Kalaiselvan For respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) 1 / 4

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to direct the first respondent to give permission and Police protection to the PMK party, Salem District President, to pay memorial tribute to the martyrs of MBC 20% reservation at 4 Road Salem at 11 am for 10 to 15 minutes on 17.11.2024 on the basis of the petitioner's petition, dated 19.09.2024.

2. From the submission made by the learned Government Advocate (Criminal Side) appearing for the respondents, it is clear that the request of the petitioner to pay memorial tribute, had been rejected on 16.09.2024 by the Assistant Commissioner of Police, Asthampatti Circle, Salem City. It is stated by the learned counsel appearing for the petitioner that as against the above rejection order, the petitioner has preferred appeal before the appellate authority concerned and the said appeal is stated to be still pending.

3. Thus, as the petitioner has already invoked the appeal remedy by invoking the alternative remedy, the petitioner is not entitled to seek the relief in this Writ Petition. Hence, this Writ Petition is dismissed. There shall be no order as to costs.

12.11.2024 2 / 4

cs To

1. The Commissioner of Police, Salem Metropolitan Line Road, Salem.

2. The Assistant Commissioner of Police, Salem Metropolitan Salem.

3. The Inspector of Police, Asthampatti Police Station, Salem.

4. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 12.11.2024 4 / 4