Madras High CourtWP(MD)/5792/2017partly allowed

T.Kodishwaran v. The Superintendent Of Police

2017-04-05Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5792 of 2017 T.Kodishwaran .. Petitioner Vs.

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

2.The Sub-Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tenkasi Taluk, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in his order dated 01.04.2017 and quash the same as illegal and consequently directing the respondents to grant permission for conducting fasting in favour of the farmers at Pavoorchathiram, near State Bank of India, Tenkasi, Tirunelveli dated 05.04.2017.

For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the order dated 01.04.2017 passed by the second respondent and quash the same and also for directing the respondents to give permission for conducting hunger strike for the purpose mentioned therein, by way of issuing a writ of certiorarified mandamus. 2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents. 3.It is seen from the records that the petitioner has sought permission for conducting hunger strike on 05.04.2017.

Considering the date mentioned in the petition, this Court is inclined to pass the following order.

4.In fine, the impugned order dated 01.04.2017 passed by the second respondent is quashed and the petitioner is directed to give a fresh representation to the second respondent and second respondent is directed to consider the same within a period of one day. With the above observation, this writ petition is disposed of. No costs.

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

2.The Sub-Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tenkasi Taluk, Tirunelveli District.

+1cc to Mr.G.Radhakrishnan,Advocate,SR.50111 SMN KK-SKN-SAR3-06.04.2017-2P-4C ORDER MADE IN W.P(MD)No.5792 of 2017 05.04.2017