Madras High CourtWA(MD)/1328/2016dismissed

U.Mohamed Mohiden, v. The Superintendent Of Police

2016-10-03Honourable The Chief Justice,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE S.NAGAMUTHU W.A. (MD) No.1328 of 2016 and CMP(MD)No.9449 of 2016 U.Mohamed Mohiden .. Appellant /Petitioner Vs.

1. The Superintendent of Police Tirunelveli Tirunelveli District.

2. The Deputy Superintendent of Police Nanguneri, Tirunelveli District.

3. The Inspector of Police Ervadi Police Station Ervadi, Tirunelveli District.

4. P.Mohammed Sirajudeen S/o. Peer Mohammed The President, Ervadi Muslim Jamath N.33/19, Mohideenpalli North Street Ervadi, Tirunelveli District.

.. Respondents/Respondents PRAYER: Appeal against the order of the learned Single Judge dated 31.10.2014 made in W.P. (MD) No.17352 of 2014. Prayer in WP(MD). 17352/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the files of the 2nd respondent pertaining to its order in 714/Proceedings/DSPN/2014 dated 24.10.2014 and to quash the same and consequently direct the respondents herein to grant permission and adequate police protection to celebrate the "Moharrum" festival at LeppaiValaivu ground and the streets there to from 01.11.2014 to 04.11.2014 as per the schedule including the programs of lifting Panchaa and Santhana Koodu as it has been conducted from time immemorial.

For Appellant : Mr.G.Prabhu Rajadurai https://hcservices.ecourts.gov.in/hcservices/

(2) For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader for respondents 1 to 3 Mr.T.Lajapathi Roy for 4th respondent in SR Stage

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We are not inclined to entertain the appeal as the cause of action for filing the original petition itself does not survive for consideration. If there is any fresh cause of action for the appellant, it is for the appellant to take recourse in accordance with law.

This writ appeal is dismissed accordingly. No costs. Consequently, C.M.P. (MD) No.9449 of 2016 is closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:

1. The Superintendent of Police Tirunelveli, Tirunelveli District.

2. The Deputy Superintendent of Police Nanguneri, Tirunelveli District.

3. The Inspector of Police Ervadi Police Station, Ervadi, Tirunelveli District.

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

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.58541 +1 CC to Mr.T.LAJAPATHI ROY, Advocate, SR No.58350 +1 CC to Mr.G.PRABHU RAJADURAI, Advocate, SR No.58416 W.A. (MD) No.1328 of 2016 and CMP(MD)No.9449 of 2016 03.10.2016 sasi SH/SKS-RR:17.10.2016:2P/8C https://hcservices.ecourts.gov.in/hcservices/