Mari @ Padmanaban. M v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.3737 of 2024 M.Mari @ Padmanaban ... Petitioner /vs./ 1.The Commissioner of Police, Trichy City, Trichy.
2.The Assistant Commissioner of Police, Srirangam, Trichy.
3.The Inspector of Police, Srirangam Police Station, Trichy, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.14/Kaa.Aa/E1.Ps/Thi.Maa/2024 dated 13.02.2024 issued by the 3rd Respondent and consequently direct the 1/5
Respondents to give permission and Police Protection to the Petitioner for conducting Hunger Strike from 10.00 AM to 05.00 PM by using loud speakers and mic at Sannathi Street, Near Nangukal Manadapam, Thiruvanaikovil Trichy District.
For Petitioner : Mrs.R.Yamuna For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
The learned Counsel for the Petitioner submits that the Petitioner is in enjoyment of the lands, is cultivating them and is residing there. While so, the Executive Officer of Thiruvanaikovil, had passed orders. Based on the proceedings of the Executive Officer of Thiruvanaikovil, the Sub Registrars are not registering any document regarding the properties, which are in enjoyment of the Petitioner and similarly placed persons, who have been in enjoyment of the properties for generation. Therefore, the Petitioner had decided to protest against the attitude of the Government Officials seeking permission from the Respondents to hold protest meeting on 22.02.2024 from 10.00 am., to 05.00 pm., at Sannathi Street, Near Nangukal Mandapam, Thiruvanaikovil, Trichy District. 2/5
2.It is his further submission that the Respondents refused to grant the permission on the ground that the Petitioner shall approach the concerned Court for appropriate relief against the order passed by the Executive Officer of the temple. Instead, he is seeking permission to hold protest. Therefore, the Respondents had refused to grant the permission. 3.The learned Additional Public Prosecutor, on instructions of the Respondents 2 and 3, would submit that the action of the Executive Officer of Thiruvanaikovil temple was in obedience to the directions issued by the Division Bench of this Court. Now, the Petitioner cannot be permitted to hold hunger strike against the order passed by the Executive Officer of Thiruvanaikovil, based on the directions issued by the Division Bench of this Court.
He would further submit that based on the order passed by the Division Bench, the Petitioner herein had approached the Hon'ble Supreme Court and the matter is pending before the Hon'ble Supreme Court till date. While so, the Petitioner cannot be permitted to hold hunger strike at Sannathi Street, Near Nangukal Mandapam, Thiruvanaikovil, Trichy District.
submits that instead of holding hunger strike, the Petitioner can exercise the right of appeal against the order passed by the Executive Officer of Thiruvanaikovil. He is not following the due procedure of law. If there is any petition or revision or appeal preferred by the Petitioner, the authorities concerned are ready to take action on the same.
Recording the submission of the learned Additional Public Prosecutor, the Writ Petition is closed. No costs.
20.02.2024 Index : Yes / No Internet : Yes / No mm TO:
1.The Commissioner of Police, Trichy City, Trichy.
2.The Assistant Commissioner of Police, Srirangam, Trichy.
3.The Inspector of Police, Srirangam Police Station, Trichy, Trichy District.
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SATHI KUMAR SUKUMARA KURUP , J.
mm Order made in W.P.(MD)No.3737 of 2024 Dated:
20.02.2024 5/5