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Madras High CourtWP(MD)/5648/2018disposed of

V.Murugaiah, S/O.Vellaipandi, v. The Deputy Superintendent Of

2018-03-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.5648 of 2018 V.Murugaiah

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Sathankulam Range, Thoothukudi District.

2. Inspector of Police, Nazareth Police Station, Thoothukudi District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.03.2018 and permit petitioner to hold public demonstration on 21.03.2018 near Nazareth Bus Stand, Thoothukudi District. For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader ***

O R D E R

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 05.03.2018 and to permit the petitioner to hold public demonstration on 21.03.2018 near Nazareth Bus Stand, Thoothukudi District. 2.The learned counsel for the writ petitioner has submitted that the writ petitioner is the Vice President of Hindu Munnani, a Social Service Organization, Nazareth Branch. He further submitted that on 12.01.2018, with a view to observe National Youth Day and also the birthday of Swami Viveganandhar, the petitioner has displayed a portrait of Swami Viveganandhar near Kamarajar Bus Stand, Nazarath. The general public visited the spot and paid homage and respected the portrait of Swami Viveganandhar. While so, some religiously infringed persons https://hcservices.ecourts.gov.in/hcservices/

illegally assembled around the portrait of Swami Viveganandhar and thrashed the photo and spit on it and by which committed disrespect against the great Saint of this Nation, Swami Viveganandhar, whose birthday is declared as National Youth Day by the Government.

3.The learned counsel for the writ petitioner further submitted that the writ petitioner's organization has decided to conduct a demonstration to condemn the disrespect, damage caused to the portrait of Swami Viveganandhar and the flag pole of Hindu Munnani and hence, the petitioner has submitted a representation on 05.03.2018 seeking permission to use mike set for the demonstration to be held on 21.03.2018 near Kamarajar Bus Stand at Nazareth, but so far, no order has been passed. 4.The learned Additional Government Pleader for the respondents has submitted that already two cases have been registered. One is against the petitioner herein and member of his organization and another case has been registered against the other persons and hence, the petitioner's representation is pending for consideration before the second respondent. 5.

Considering the aforesaid submission, the second respondent is directed to consider the petitioner's representation dated 05.03.2018 and pass orders on merits and in accordance with law on or before 19.03.2018 and inform the same to the writ petitioner. 6.With these aforesaid direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Sathankulam Range, Thoothukudi District.

2. Inspector of Police, Nazareth Police Station, Thoothukudi District.

W.P.(MD) No.5648 of 2018 MM JM/SKN RSK/SAR 4/16.03.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/