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Madras High CourtWP(MD)/565/2019dismissed

P.P.Natarajan, v. The Deputy Superintendent Of

2021-12-14Honourable Dr Justice G. Jayachandran2 pages

W.P.(MD)No.565 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD)No.565 of 2019 (Through video Conference) P.P.Natarajan .. Petitioner Vs.

1.The Deputy Superintendent of Police, Dindigul Town Sub Division, Dindigul District.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned rejection order passed by the first respondent vide his Proceedings in Na.Ka.No.376/Ka.Thu.Ka.Ni.NaVu/ Dindigul/2019 dated 07.01.2019 and quash the same and further direct the first respondent to give permission to the petitioner to conduct peace march from Periyar Statue to the residence of Late. Pasupathi Pandian at Nanthavanapatti at Dindigul. For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

This writ petition is filed by Devendirakula Vellalar Kootamaippu, a caste outfit, challenging the order of the first respondent rejecting the request to conduct peace march from Periyar statue at Dindigul to the residence of Late Pasupathipandian at Nandavanapatti, the cite in which the said Pasupathi Pandian was done to death.

2. The first respondent, taking note of the law and order situation and the purpose for which the permission sought, has rejected the request assigning reasons, particularly, he has considered the fact that the said Pasupathipandian himself a murder case accused and while he was in a hide out, done to death by his rival group and therefore, any permission to take procession will aggravate and provoke the rival group causing law and order problem.

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W.P.(MD)No.565 of 2019

3. Taking note of the cases pending between the two communal groups and the guidelines of this Hon'ble Court rendered in Exnora International vs. The District Collector, Dindigul, issued the impugned order rejecting the request.

4. On perusing the counter affidavit filed by the first respondent and the submission made by the learned Additional Public Prosecutor, this Court holds that the order of the Deputy Superintendent of Police, Dindigul is perfectly in accordance with law, passed by taking note of the interest of the general public, maintenance of peace and law and order. Hence, the prayer sought for in this writ petition cannot be granted. Accordingly, this Writ Petition is dismissed. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Deputy Superintendent of Police, Dindigul Town Sub Division, Dindigul District.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. W.P.(MD)No.565 of 2019 14.12.2021 USK (27.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2