Venkatesan.N v. The Commissioner Of Police

W.P.(MD)NO. 1576 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1576 of 2022 and W.M.P.(MD)No.1377 of 2022 N.Venkatesan ... Petitioner Vs.

1. The Commissioner of Police, Trichy City.

2. The Inspector of Police, Cantonment police station(L&O), Cantonment, Trichy City.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.02/Kaa.Vu.Aaa/C2.Kaa.Nee/The.Maa/2022 dated 03.01.2022 and quash the same as illegal consequently, direct the second respondent to permit the petitioner to conduct single man hunger strike on 03.02.2022 from 10 a.m. to 5 p.m. at nearby statue of Anbil Dharmalingam, Periya Milaguparai, Trichy City. For Petitioner : Mr.K.Arunraj For Respondents : Mr.M.Sakthi Kumar, Government Advocate(Crl. Side).

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

2. The petitioner is a member of a political party. He wants to conduct a solo hunger strike on 03.02.2022 from 10.00 a.m. to 05.00 p.m at the petition mentioned site. This was rejected by the second respondent citing the heavy flow of traffic. It is also stated that in the petition mentioned site, such demonstrations are allowed to be conducted. Therefore, I cannot prevent the petitioner itself from doing so. The petitioner states that he would hold the strike at Old Collector Office Road, Trichy. It is also stated that the said site is the usual place where such demonstrations are held. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)NO. 1576 OF 2022

3. Even while sustaining the impugned order, the respondents are directed to permit the petitioner to conduct the sole hunger strike on 03.02.2022 from 10.00 a.m. to 5 p.m. at Old Collector Office Road, Trichy.

4. This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Commissioner of Police, Trichy City.

2. The Inspector of Police, Cantonment police station(L&O), Cantonment, Trichy City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.1576 of 2022 28.01.2022 PS(CO) MGJ(01.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2