Poolpandi M v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.14509 of 2023 Poolpandi.M ... Petitioner Vs.

1. The Superintendent of Police, Superintendent of Police Office, Thoothukudi District.

2. The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

3. The Inspector of Police, Kayathaar Police Station, Kayathar, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to impugned rejection order issued by the 3rd respondent in C. No.17/2022/Forecast/D6PS/2023 and quash the same and consequentially directing the 3rd respondent to grant permission to conduct Public meeting scheduled to be held on 09.07.2023 at Tirunelveli National Highways four way road, west side of Salai Pudur Toll Gate in a private land comprised in Survey No.547/4B1, 1/5

547/4B2, 547/B3, 547/6N1, 547/7A1.

For Petitioner : Mr.K.Suyambulinga Bharathi for S.Vishnuvardhan For Respodents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to impugned rejection order issued by the 3rd respondent in C. No. 17/2022/Forecast/D6PS/2023 and quash the same and consequentially directing the 3rd respondent to grant permission to conduct Public meeting scheduled to be held on 09.07.2023 at Tirunelveli National Highways four way road, west side of Salai Pudur Toll Gate in a private land comprised in Survey No.547/4B1, 547/4B2, 547/B3, 547/6N1, 547/7A1.

2. By the order dated 19.04.2023, a direction was issued to the respondent No.1 to consider the representation and may impose conditions upon the petitioner to conduct the above said event or 2/5

demonstration as the case may be.

3. The learned counsel for the petitioner would submit that the representation that was made by the petitioner was rejected.

4. But going through the above said order, dated 19.04.2023, it is seen that the liberty was granted to the first respondent to impose any conditions upon the petitioner, but the above said conditions have not been mentioned in the order.

5. The objection made by the learned Additional Public Prosecutor in W.P.(MD) No.8509 of 2023 is again mentioned in this order. So, the above said order speaks itself about non application of mind.

6. The petitioner is directed to give fresh representation before the third respondent herein and also give undertaken as mentioned in the above said order within a week from the date of receipt of copy of this order. The above said fresh representation and the undertaking shall be considered by the third respondent herein within a week thereafter. 3/5

7. With the above said direction, this writ petition stands disposed of. No costs.

20.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To

1. The Superintendent of Police, Superintendent of Police Office, Thoothukudi District.

2. The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

3. The Inspector of Police, Kayathaar Police Station, Kayathar, Thoothukudi.

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

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G.ILANGOVAN,J Indu Order made in Dated : 20.06.2023 5/5