P.Pichandi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.28417 of 2018 P.Pichandi .. Petitioner Vs 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Arcot Town Police Station, Vellore District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 01.10.2018 and consequently grant permission to conduct demonstration in front of the Block Development Office, Arcot Pachayath Union, Vellore District by condemning their act for non disbursing the contractual amount to the petitioner is scheduled to be held on 15.10.2018 at about 10.30 a.m. or any other alternative date as fixed by this Court. For Petitioner : Mr.E.Kannadasan For Respondents: Mr.V.Shanmuga Sundar, Special Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the second respondent to consider his representation dated 01.10.2018 and grant permission to conduct demonstration, scheduled to be held on 15.10.2018 at about 10.30

a.m. in front of the Block Development Office, Arcot Pachayath Union, Vellore District for non disbursement of his outstanding bill amounts.

3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 01.10.2018 claiming the relief as prayed in this writ petition, but, the same is yet to be disposed of by the second respondent. However, the learned counsel submitted that since the date itself is over, it would suffice, if the petitioner is granted liberty to approach the respondents, with a fresh representation suggesting the approved places, mentioning the proposed date and time for conducting demonstration.

4.Mr.V.Shanmuga Sundar, learned Special Government Pleader, who takes notice for the respondents, has no serious objection in granting such relief to the petitioner, provided the petitioner suggests any one of the approved places mentioning the date and time, for consideration.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court is not inclined to grant the relief prayed in this writ petition since the demonstration is prayed only for non payment of his dues and not for any public cause. Further legal remedy is always available for the petitioner. However, liberty is granted to the petitioner to submit a fresh representation along with a copy of this order to the respondents. On such submission, the respondents are directed to consider the same and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any of the interested parties within two weeks.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vga

To 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Arcot Town Police Station, Vellore District.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No. 73995 +1cc to the Government Pleader, S.R.No. 74378 W.P.No.28417 of 2018 AD(CO) GN(22/11/2018)