G.Arjunan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.20674 of 2016 G.Arjunan .. Petitioner vs.

1.The Commissioner of Police, Madurai, Madurai District.

2.The Assistant Commissioner of Police, (Law and Order), Madurai Town, Madurai District.

3.The Returning Officer, 195, Thiruparankundram Assembly, Constituency and District Supply and consumer Protection Officer, Madurai.

4.The Inspector of Police, B6, Jaihindpuram Police Station, Madurai.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to permit the milk pot procession to be conducted by the petitioner on 27.10.2016 from Solai Azhagupuram to Teppakulam Marudhu brothers statue.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.K.P.Krishna Doss Government Advocate (Crl. Side)

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to permit the milk pot procession conducted by the petitioner on 27.10.2016 from Solai Azhagupuram to Teppakulam Marudhu brothers statue.

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.

4. The learned counsel appearing for the petitioner would submit that the petitioner is the President of Solai Azhagupuram Agamudaiyar Communities Welfare Association and he submitted that a representation seeking permission for Milk Pot procession was sent to the second respondent, which was also recommended by the third respondent, was not considered by the second respondent so far, the petitioner has come up with this present petition. 5.Per contra, the learned Government Advocate appearing for the respondents, on instructions, would submit that the fourth respondent has already rejected the representation of the petitioner and also submitted that the procession is not only passing through the jurisdiction of B6, Jaihindpuram Police Station and also in other police limits.

6. At this juncture, the learned counsel for the petitioner would submit that the second respondent is the competent authority to pass orders and he may be directed to consider the representation of the petitioner dated 20.10.2016.

7. In such view of the matter, the second respondent is directed to consider the representation of the petitioner dated 20.10.2016 and pass orders on merits and in accordance with law forthwith.

8.With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar PJL To 1.The Commissioner of Police, Madurai, Madurai District.

2.The Assistant Commissioner of Police, (Law and Order),Madurai Town,Madurai District.

3.The Returning Officer, 195, Thiruparankundram Assembly, Constituency and District Supply and consumer Protection Officer, Madurai.

4.The Inspector of Police, B6, Jaihindpuram Police Station, Madurai.

+1CC to Mr.R.J.Karthick, Advocate Sr.No.63728 +1CC to Spl.Government Pleader Sr.No.64178 GJM/SS2/SAR-III-26.10.16-3p-7C W.P(MD)No.20674 of 2016 26.10.2016