Murali Mohan, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.14571 of 2018 Murali Mohan ... Petitioner -vs1.The Superintendent of Police, Kilakarai, Ramanathapuram.
2.The Deputy Superintendent of Police, Kilakarai, Ramanathapuram.
3.The Inspector of Police, Kilakarai Ramanathapuram.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of certiorarified Mandamus, calling for the records pertaining to the third respondent herein in his proceedings dated 01.07.2018 and quash the same and consequently direct the respondents to grant permission to conduct fasting (hunger strike) on 14.07.2018 at 09.00.a.m., to 05.00.p.m, in front of new bus stand, Kilakarai or any other Writ or Order in the nature of writ directing the respondents herein.
For Petitioner : Mr.P.Karthick For Respondents : Mr.B.Bhagawathi Government Advocate
ORDER
This Writ Petition has been filed challenging the rejection of permission passed by the third respondent in his proceedings dated 01.07.2018, wherein, the request made by the petitioner to conduct fasting (hunger strike) on 14.07.2018 at new bus stand, Kilakarai, came to be rejected.
2.When the matter was came up for hearing during previous occasions, this Court requested the learned Government Advocate to get instructions from the respondent police with regard to any other place where fasting agitation can be conducted. The learned Government Advocate submitted that the main objection for conducting the meeting in the venue that was chosen by the petitioner, namely new bus stand at Kelakarai, is that the respondent police anticipated some law and order problem.
https://hcservices.ecourts.gov.in/hcservices/
3. The learned Government Advocate on instructions has submitted a memo wherein the respondent police suggested three places for the petitioner to conduct the agitation. 4.The learned counsel for the petitioner would submit that the petitioner will choose the Tata Ace Parking place near Kelakarai, New Bus Stand, as the venue for the agitation from among the venues suggested by the respondent police.
5.In view of the same, the third respondent police is directed to grant permission and sufficient police protection for the petitioner to conduct the fasting (hunger strike) on 18.09.2018, at about 09.00.a.m., to 05.00.p.m., at Tata Ace parking place near Kelakarai, New Bus Stand.
6.The third respondent may impose any reasonable conditions in order to ensure that the agitation goes on smoothly without giving raise any law and order problem. The petitioner and the other persons, who attend the agitation are bound to comply with the conditions imposed by the third respondent.
7.This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-II) To 1.The Superintendent of Police, Kilakarai, Ramanathapuram.
2.The Deputy Superintendent of Police, Kilakarai, Ramanathapuram.
3.The Inspector of Police, Kilakarai Ramanathapuram.
+1CC TO MR.P.KARTHICK ADVOCATE IN SR.No.80115. +1CC TO SPECIAL GOVERNMENT PLEADER IN SR.No.80265. DAS DS SV SAR-2 ;04.09.2018; 2P/6C W.P.(MD)No.14571 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/