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Madras High CourtWP(MD)/18066/2016disposed of

S.Dharmaraj, S/O.Samuel Nadar v. The Superintendent Of Police,

2016-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18066 of 2016 and WMP.(MD).Nos.13029, 13030 and 13031 of 2016 S.Dharmaraj ... Petitioner vs.

1.The Superintendent of Police, O/o.the Superintendent of Police, Tuticorin, Tuticorin District.

2.The Assistant Superintendent of Police, Office of the Assistant Superintendent of Police, Tuticorin.

3.The Inspector of Police, South Pagam Police Station, Tuticorin.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Proceedings No./U.Ka.Ka(NAgaram)/Thudi/2016, dated 17.09.2016 passed by the second respondent and quash the same as illegal and consequently directing the 2nd respondent to grant permission to the petitioner to conduct one day hunger protest on 24.09.2016 with public address system at Tuticorin in an alternative place stipulated by the 2nd respondent herein or preferably Opposite to Thoothukudi Nazareth-Church of South India Diocese, Maiyavadi situated at Service Road.

For Petitioner : Mr.N.Anandakumar For Respondent : Mr.K.P.Krishna Doss Government Advocate

O R D E R

The writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to quash the impugned order passed by the second respondent dated 17.09.2016 and for consequential direction to the 2nd respondent to grant permission to the petitioner to conduct one day hunger protest on 24.09.2016 with public address system at Tuticorin in an alternative place stipulated by the 2nd respondent herein or preferably Opposite to https://hcservices.ecourts.gov.in/hcservices/

Thoothukudi Nazareth-Church of South India Diocese, Maiyavadi situated at Service Road.

2.Mr.K.P.Krishna Doss, learned Government Advocate, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the records.

4.

The learned Government Advocate appearing for the respondents would submit that if the venue is changed to New Bus Stand, Thoothukudi, the second respondent would favourably consider his application.

5. Considering the submission of the learned Government Advocate (Crl. Side) this writ petition is disposed of, directing the petitioner to give a fresh application seeking permission to conduct hunger protest at New Bus Stand, Thoothukudi and such application shall considered by the second respondent as expeditiously as possible. Consequently, connected miscellaneous petitions are closed. No Costs.

Sd/ Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o.the Superintendent of Police, Tuticorin, Tuticorin District.

2.The Assistant Superintendent of Police, Office of the Assistant Superintendent of Police, Tuticorin.

3.The Inspector of Police, South Pagam Police Station, Tuticorin.

+1cc to M/S.N.Anandakumar, Advocate in SR.No.54361 W.P(MD)No.18066 of 2016 21.09.2016 PJL PA/SK-SKN/SAR III/22.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/