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Madras High CourtWP(MD)/199/2018disposed of

Balasubramanian, S/O.Veeraian v. The District Collector

2018-01-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM W.P.(MD)No.199 of 2018 Balasubramanian ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Sub Inspector of Police, Pattukottai Town Police Station, Pattukottai, Thanjavur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the second respondent to permit the petitioner to conduct peaceful demonstration and holding procession on 09.01.2018 at about 10.00 a.m. In front of the Revenue Divisional Office, Pattukkottai, Thanjavur District.

For Petitioner : M/S.G.Karuppasamy Pandian For Respondents : Mr.V.Anand, Government Advocate

O R D E R

This petition has been filed to direct the second respondent to permit the petitioner to conduct peaceful demonstration and holding procession on 09.01.2018 at about 10.00 a.m. in front of the Revenue Divisional Office, Pattukkottai, Thanjavur District.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the president of Small Scale Retail Shops Union at Pattukkottai. He further submitted that a case has been registered against one Prabhu, Vignesh, Ravichandran and Sabari, in Crime No.270 of 2017 for the offences under Sections 294(b), 341, 324 and 506(ii) of IPC., by the third respondent, on the basis of the complaint given by one Murugesan, who is the victim in the above said crime number. He further https://hcservices.ecourts.gov.in/hcservices/

submitted that the case should have been registered under Section 307 of IPC., but the third respondent registered a case for minor offences only. Hence, the petitioner wants to demonstrate and conduct procession on 09.01.2018, at about 10.00 a.m. before the Revenue Divisional Office, Pattukkottai.

3.The learned Government Advocate represented that since the case has already been registered, based on the complaint given by the said Murugesan, it is not necessary to give any permission to demostrate and hold a procession.

4.Considering the rival submissions, the second respondent is directed to consider the representation submitted by the petitioner, dated 28.12.2017 and dispose of the same on or before 10.01.2018, in accordance with law.

5.with the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Sub Inspector of Police, Pattukottai Town Police Station, Pattukottai, Thanjavur District.

W.P.(MD)No.199 of 2018 08.01.2018 VSG JM/SKN RSK/SAR 4/08.01.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/