M.A.Murugan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.A.Murugan ... Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

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

3. The Deputy Superintendent Of Police, Kovilpatti, Kovilpatti East Police Station, Thoothukudi.

4. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

5. The Election Returning Officer, Thoothukudi District.

... Respondents (R5 is suo motu impleaded vide order of this Court dated 24.03.2026.) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant permission us to conduct the strike on 26.03.2026 at Palai Road to Chidhambaram Nagar, 1/6

VVD Signal, Thoothukudi by considering the petitioner's representation dated 10.03.2026 and consequently permit the petitioner and members of their association to conduct the said protest in a peaceful and lawful manner. For Petitioner : Mr.A.Mohamed Haneef For Respondents : Mr.M.Sakthi Kumar (R2 to R4) Government Advocate (Crl.) Mr.C.Satheesh (R1 & R5) Government Advocate (Civil)

ORDER

This petition has been filed seeking for a direction to the respondents to grant permission to conduct the strike on 26.03.2026 at Palai Road to Chidhambaram Nagar, VVD Signal, Thoothukudi, by considering the petitioner's representation dated 10.03.2026 and consequently permit the petitioner and members of their association to conduct the said protest in a peaceful and lawful manner.

2. The learned counsel appearing for the petitioner submitted that one Manoj @ Marimuthu belonging to Viswakarma Samuthaya Mahajana Peravai of Tuticorin District was brutally murdered on 26.02.2026. In this regard, proper investigation was not conducted. Hence, the petitioner has given a representation dated 10.03.2026 to conduct a strike on 26.03.2026 at Palai 2/6

Road to Chidhambaram Nagar, VVD Signal, Thoothukudi. However, the same is not considered. Hence this writ petition came to be filed.

3. The learned Government Advocate appearing for the respondent police submitted that a strike had already been conducted on 10.03.2026 and that the petitioner has once again submitted a representation seeking permission for conduct of strike. Hence, the question of granting permission for a second time does not arise. In any event, the Model Code of Conduct for elections has already come into force, and therefore, if the petitioner intends to conduct any further strike, the same can be considered only by the Returning Officer concerned having jurisdiction.

4. Heard the learned counsel on either side and carefully perused the materials placed before this Court.

5. The conduct of a strike is a fundamental right of an Indian citizen. Therefore, the petitioner is directed to submit a fresh representation seeking permission to conduct a strike to the Election Returning Officer, Thoothukudi District, who is suo motu impleaded as the fifth respondent in this petition. The Registry is directed to carry out the necessary amendment accordingly. 3/6

6. On receipt of the representation from the petitioner, the fifth respondent is directed to consider the same and pass appropriate orders by affording proper police protection to conduct the strike within a period of one week from the date of receipt of a copy of this order.

7. With the above directions, this writ petition stands disposed of. 24.03.2026 NCC : Yes / No Index : Yes / No sm 4/6

TO:-

1. The District Collector, Thoothukudi District, Thoothukudi.

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

3. The Deputy Superintendent Of Police, Kovilpatti, Kovilpatti East Police Station, Thoothukudi.

4. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

5. The Election Returning Officer, Thoothukudi District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

L.VICTORIA GOWRI, J.

Sm Order made in Dated 24.03.2026 6/6