Madras High CourtWP(MD)/10273/2022ordered

Palanisamy .S v. The Superintendent Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

WP(MD). No. 10273 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.05.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI WP(MD). No.10273 of 2022 S.Palanisamy ... Petitioner Vs 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2. The Deputy Superintendent of Police, Tenkasi Division, Tenkasi.

3. The Inspector of Police, Puliyarai Police Station, Tenkasi District. .

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent dated 11.05.2022 and quash the same as illegal in so far as refusing to grant permission to conduct hunger strike against the illegal mining and consequently direct the respondents to grant permission to conduct Hunger Strike in connection with the protest against illegal mining scheduled near Puliyarai Check Post, Tenkasi District or any other place near the locality.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent dated 11.05.2022 and quash the same as illegal in so far as refusing to grant permission to conduct hunger strike against the illegal mining and consequently direct the respondents to grant permission to conduct Hunger Strike in connection with the protest against illegal mining scheduled near Puliyarai Check Post, Tenkasi District or any other place near the locality.

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WP(MD). No. 10273 of 2022

2. The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner request was rejected by the respondents on the ground that the area chosen for hunger strike is National Highway which is a congested area and it will affect traffic. Hence, the respondents 1 and 2 would decide the place for Hunger strike.

3. In view of the above, this Court directs the respondents 1 and 2 to grant permission for Hunger Strike, subject to the place fixed by them.

4.With the above directions, this Writ Petition disposed of. There shall be no order as to costs.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi TO 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2. The Deputy Superintendent of Police, Tenkasi Division, Tenkasi.

3. The Inspector of Police, Puliyarai Police Station, Tenkasi District.

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

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-23894[F] dated 20/05/2022 ) ORDER IN WP(MD) No. 10273 of 2022 Date : 19/05/2022 nsn(CO) TR(30.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2