Madras High CourtWP Crl.(MD)/27/2025disposed of

A.L Annamalai (Social Worker) v. The Superintendent Of Police

2025-06-04Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.L.Annamalai ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Pudukkottai District-622 001.

2.The Deputy Superintendent of Police, (Law & Order) Pudukkottai Division, Pudukkottai-622 001.

3.The Sub-Inspector of Police, Arimalam Police Station, Pudukkottai District-622 201.

... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent herein in his proceedings in Na.Ka.No. 1/5

01/G2PS/General/2024 dated 17.04.2025 and quash the same as illegal with a consequential direction directing the third respondent to grant permission to petitioner to conduct one day peaceful hunger strike using the loud speakers upon submission of a fresh representation by the petitioner in this regard.

For Petitioner : Mr.R.Chitti Babu For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner, with a grievance that his request for conducting hunger strike has been rejected by the respondent Police, has approached this Court.

2.Hunger strike is one of the forms of peaceful protest recognised in a democratic society. So long as it does not cause disturbance to public order or infringe upon the rights of others such a mode of expression cannot be outrightly condemned or rejected. Here, the third respondent Police has rejected the request without assigning 2/5

any reasons. In the event, if the respondent police are having any issues with regard to the venue proposed by the petitioner or anything else, the respondent Police shall consider the request of the petitioner subject to certain conditions/modifications.

3.Since there is no reason assigned in the order impugned, the same is set aside. The petitioner is directed to give a fresh representation to the third respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent shall consider it within a further period of one week therefrom. Accordingly, this writ petition is disposed of. No costs.

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To 1.The Superintendent of Police, District Police Office, Pudukkottai District-622 001.

2.The Deputy Superintendent of Police, (Law & Order) Pudukkottai Division, Pudukkottai-622 001.

3.The Sub-Inspector of Police, Arimalam Police Station, Pudukkottai District-622 201.

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

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B.PUGALENDHI, J.

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