Madras High CourtWP(MD)/9351/2015disposed of

Dr.J. Joseph Dickson, v. The Superintendent

2015-06-11Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.9351 Of 2015 Dr.J.Joseph Dickson ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District. ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to accord necessary permission and police protection for holding a Dharna and observing a fasting which is scheduled to be take place on 12.06.2015 or on any other subsequent date at the opposite side of Bus Stand, Kallikulam, Tirunelveli District on the strength of the petitioner's representation, dated 05.06.2015.

For Petitioner : Mr.R.Anand For Respondents : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

The petitioner sought for permission from the respondents to conduct ''Dharna'' at the opposite side of Bus Stand, Kallikulam, Tirunelveli District to protest the continuous accident occurred in that village. As no orders have been passed, the present Writ Petition is filed.

2. The learned Additional Government Pleader on instructions submitted that there are objections to conduct ''Dharna'' as it leads to traffic conjunctions.

3. This Court is of the view that granting permission is within the discretion of the respondents. However, they cannot reject the request of the petitioner by raising technical grounds. It is well open to the respondents to fix the time and appropriate place for the conduct of "Dharna''.

4. Accordingly, this Writ Petition is allowed and a direction is issued to the respondents to permit the petitioner to conduct ''Dharna'' subject to the condition that may be imposed including the time and appropriate place. No Costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

+1cc to Mr.R.Anand,Advocate SR.No.29846 W.P(MD)No.9351 Of 2015 11.06.2015 pm PA/KBM/11.06.2015/2P/4C 11.06.2015