Anbumanikandan Tamilsooriyan .K v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2646 of 2024 K.Anbumanikandantamilsooriyan ... Petitioner /vs./ 1.The District Collector, Sivagangai.
2.The Superintendent of Police, Sivagangai.
3.The Inspector of Police, Sivagangai Town Police Station, (R1 and R2 are suo motu impleaded by this Court, vide order dated 09.02.2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of rejection passed by the Respondent police vide proceedings dated 01.02.2024 in Na.Ka.No.03/B1PS/SVG/2024 and quash the 1/5
same and consequently directing the Respondent police to give adequate protection for one day fast to be held on 10.02.2024 from 10.00 AM to 05.00 PM at Opposite to Shanmugaraja Kalaiyarangam, Near Sivagangai Palace,Sivagangai, For Petitioner : Mr.K.Anbumanikandan Tamilsooriyan Party-in-Person For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side)
ORDER
The Petitioner/Party-in-Person had filed this Writ Petition seeking direction against the Respondent to give permission and protection for one day fast on 10.02.2024 from 10.00 am., to 05.00 pm., at Opposite to Shanmugaraja Kalaiyarangam, Near Sivagangai Palace,Sivagangai, Sivagangai District. 2.In the morning mentioning time, the Petitioner sought urgent herein, as he has to organize protest and hunger strike for erecting the statue of great freedom fighters, Maruthu Pandiyar Brothers at Sivagangai, which is the birth place of Maruthu Pandiyar Brothers. On his request, the Writ Petition was heard in lunch by 01.30 pm., The Petitioner undertakes that he will hold protest and hunger 2/5
strike, without breach of peace. His representation dated 25.01.2024 seeking hunger strike and protest at Sivagangai was rejected by the Respondent. Therefore, he seeks directions against the Respondent. 3.The learned Government Advocate (Crl.side), on instructions, would submit that very many Writ Petitions had been filed for the same cause. He also relies on the judgment of the Division Bench of this Court passed in W.P.(MD) No.1386 of 2022, dated 17.11.2022.
4.Considering the fact that the Petitioner is insisting for statue of the great freedom fighters, Maruthu Pandiyar Brothers, the District Collector, Sivagangai and the Superintendent of Police, Sivagangai are suo motu impleaded as Respondents 1 and 2 in this case for the purpose of issuing directions. The Petitioner is directed to submit a fresh representation to the Respondents 1 and 2 giving fresh date for his hunger protest. On receipt of the same, the Respondents 1 to 3 are directed to grant the permission and protection to the Petitioner to hold hunger strike and protest peacefully without breach of peace. The representation of the Petitioner shall be disposed of fixing the venue in consultation with the 3/5
District Collector, Sivagangai/the first Respondent. 5.With the above directions, this Writ Petition is disposed of. No costs. 09.02.2024 Index : Yes / No Internet : Yes / No mm Note :
i) Registry is directed to carry out necessary amendment ii) Issue order copy on 09.02.2024 TO:
1.The Inspector of Police, Sivagangai Town Police Station, 2.The District Collector, Sivagangai.
3.The Superintendent of Police, Sivagangai.
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SATHI KUMAR SUKUMARA KURUP , J.
mm Order made in W.P.(MD)No.2646 of 2024 Dated:
09.02.2024 5/5