Madras High CourtWP(MD)/14181/2019closed

T.Arockiyamary, v. The Commissioner Of Police

2019-07-01Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.14181 of 2019 T.Arockiyamary : Petitioner

Versus

1.The Commissioner of Police, O/o. the Commissioner of Police, 2.The Assistant Commissioner of Police (L&O), O/o. the Assistant Commissioner of Police (L&O), Tallakulam (L&O) Range, 3.The Inspector of Police (L&O), Tallakulam Station, : Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order in Na.Ka.No.28/MLR/AC-TKM/L&O/2019, dated 15.06.2019 on the file of the second respondent and quash the same as illegal and consequently, direct the second respondent to grant permission to conduct a demonstration on 29.06.2019 at about 05.00 P.M., to 07.00 P.M., or any other date near SBI ATM, Pallivasal, Goripalayam, Madurai, to condemning the suspicious death at Government Rajaji Hospital, Madurai, within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *****

O R D E R

This Writ Petition has been filed challenging the order passed by the second respondent refusing to grant permission to the petitioner to conduct a demonstration near SBI ATM, Pallivasal, Goripalayam, Madurai, to highlight the suspicious death occurred in the Government Rajaji Hospital, Madurai.

2. Heard both sides.

3. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents, on instructions, submitted that the second respondent will consider the petitioner's application for granting permission to conduct a peaceful demonstration near Goripalayam between 03.00 p.m. and 05.00 p.m.

4. At this juncture, the learned counsel appearing for the petitioner submitted that though the prayer in the Writ Petition is larger in nature, in view of the submission made by the learned Government Advocate (Criminal side) appearing for the respondents, now, he confines his prayer and the petitioner is willing to conduct the demonstration, as suggested above, on 05.07.2019 and he will also make necessary application for the same.

5. In view of the aforesaid submission, the petitioner is directed to file a fresh application before the second respondent seeking permission to conduct a demonstration on 05.07.2019 between 03.00 p.m., and 05.00 p.m., near Goripalayam, forthwith and on filing such application, the second respondent is directed to consider the same and grant permission to conduct the peaceful demonstration by imposing necessary conditions, in order to maintain law and order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) SML To 1.The Commissioner of Police, O/o. the Commissioner of Police, 2.The Assistant Commissioner of Police (L&O), O/o. the Assistant Commissioner of Police (L&O), Tallakulam (L&O) Range,

3.The Inspector of Police (L&O), Tallakulam Station, +2CC TO MR.T.THIRUMURUGAN, Advocate Sr. No. 72589 & 72602 Order made in W.P.(MD)No.14181 of 2019 Dated: 01.07.2019 TR (02.07.2019) 3P 6C