Madras High CourtWP(MD)/20769/2016dismissed

N.Viswanathan, v. The Returning Officer /

2016-12-09Honourable Mr Justice G. Chockalingam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2016

CORAM:

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM W.P(MD) No.20769 of 2016 and WMP(MD)Nos.14839 and 14840 of 2016 N.Viswanathan ... Petitioner -vs1.The Returning Officer/ Assistant Commissioner of Excise, Aravakurichi Legislature Constituency, 2.The Superintendent of Police, O/o.The Superintendent of Police, 3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Aravakurhchi Sub Division, 4.The Inspector of Police, Velayuthampalayam Police Station, ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.J1/11865/2016, dated 23.10.2016 on the file of the respondent No.1 and quash the same as illegal and consequently, direct the respondent NO.3 to grant permission to conduct the Public Meeting on 26.10.2016 from 6 PM to 10 PM or any other date in front of Malaiveethi Rountana, Velayuthampalayam, Manmangalam Taluk, Karur District, within the time stipulated by this court. For Petitioner :

Mr.T.Thirumurugan for T.Lajapathi Roy For Respondents :

Mr.K.P.Krishnadoss Government Advocate

O R D E R

The writ petition has been filed to call for the records pertaining to the impugned order in Na.Ka.J1/11865/2016, dated 23.10.2016 on the file of the respondent No.1 and quash the same as illegal and consequently, direct the respondent No.3 to grant permission to conduct the Public Meeting on 26.10.2016 from 6 PM to 10 PM or any other date in front of Malaiveethi Rountana, Velayuthampalayam, Manmangalam Taluk, Karur District. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.It is seen that the petitioner has mad an application before the first respondent to conduct a public meeting on 26.10.

2016 and it was considered and rejected by the first respondent stating that the election notification was declared and there is a possibility of law and order problem, in the event of granting permission to conduct a public meeting on 26.10.2016. 4.In view of the above circumstances, this court is of the considered view that the first respondent has rightly rejected request of the petitioner and there is illegality or infirmity in the order, which is impugned in this writ petition. Hence, this petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar To:

1.The Returning Officer/ Assistant Commissioner of Excise, Aravakurichi Legislature Constituency, 2.The Superintendent of Police, O/o.The Superintendent of Police, 3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Aravakurhchi Sub Division,

4.The Inspector of Police, Velayuthampalayam Police Station, +1cc to Mr.T.LAJAPATHI ROY Advocate Sr.No. 80479 +1cc to Spl.Government Pleader Sr.No. 80489 JAM/03.01.2017/SS 3/SAR 1 /3p-7c W.P(MD)No.20769 of 2016 09.12.2016