Madras High CourtWP(MD)/13019/2018disposed of

Nellai A. Balu, v. The Commissioner Of Police

2018-06-21Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13019 of 2018 Nellai A.Balu ... Petitioner Vs.

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Junction Police Station, Tirunelveli City.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to grant appropriate permission and adequate police protection to observe Fasting on 22.06.2018 between 9.00 a.m. to 6.00 p.m. based on the petitioner's representation, dated 13.06.2018, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.P.Kannithevan, Additional Government Pleader.

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents to grant appropriate permission and adequate police protection to observe Fasting on 22.06.2018 between 9.00 a.m. to 6.00 p.m. based on the petitioner's representation, dated 13.06.2018, within the time limit that may be stipulated by this Court.

2.According to the learned counsel appearing for the petitioner, the petitioner made a representation dated 13.06.2018 to the respondents to observe Fasting on 22.06.2018 between 9.00 a.m. to 6.00 p.m. at Nellai Junction Railway Station and the same is pending without passing any orders. Hence, this writ petition has been filed.

3.The learned Additional Government Pleader submitted that the petitioner will make a fresh representation to the Assistant Commissioner of Police, Palayamkottai, Tirunelveli District, by mentioning some other alternative place, which is not close to the Railway Junction and will not cause any hindrance to the traffic. https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel for the petitioner submitted that the petitioner may be permitted to make an application to the Assistant Commissioner of Police, Palayamkottai, Tirunelveli District, by mentioning the place Viz., the Ground situated Opposite to Murugankurichi Centenary Hall to observe Fasting on 22.06.2018 between 9.00 a.m. to 6.00 p.m.

5.In view of the above said submission made by both the parties, the petitioner shall make a fresh representation on or before 22.06.2018 to the Assistant Commissioner of Police, Palayamkottai, Tirunelveli District, by duly mentioning the place stated supra for observing Fasting on 22.06.2018 between 9.00 a.m. to 6.00 p.m. and thereafter, the Assistant Commissioner of Police, Palayamkottai, is directed to consider the same and pass orders on merits and in accordance with law by taking into consideration of the conditions imposed by this Court in W.P.(MD)No.7911 of 2018, dated 12.04.2018 on or before 22.06.2018 at 5.00 p.m. 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Junction Police Station, Tirunelveli City.

3. The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

+1CC to Mr.M.S.Jeyakarthik, Advocate, SR.No.69273 W.P.(MD)No.13019 of 2018 21.06.2018 SMN2 ES/SKN/RSK/SAR 1/21.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/