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Madras High CourtWP(MD)/18874/2023disposed of

Manimaran .V.P v. The Superintendent Of Police

2023-08-04Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.18874 of 2023 V.P.Manimaran ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Theni Circle, Theni.

3.The Inspector of Police, Palanichettypatty Police Station, Palanichettypatty, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned rejection order in Na.Ka.No.155/Ka.AA.A/P.C.Patty/2022 dated 30.07.2023 passed by the third respondent herein and quash the same as illegal and unconstitutional and consequently direct the respondents 1 and 2 herein to accord necessary permission to "One day hunger Strike" to be 1/6

conducted by the Palanichettypatty Village People on 06.08.2023 between 09.00 A.M to 05.00 P.M., near Tamilan Shop in Theni Kumuli Road, Palanichettypatty, Theni District based on the petitioner's representation dated 29.07.2023.

For Petitioner : Mr.Mr.N.Dilip Kumar M/s.A.Banumathy For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned rejection order in Na.Ka.No.155/Ka.AA.A/P.C.Patty/2022 dated 30.07.2023 passed by the third respondent herein and quash the same as illegal and unconstitutional and consequently direct the respondents 1 and 2 herein to accord necessary permission to "One day hunger Strike" to be conducted by the Palanichettypatty Village People on 06.08.2023 between 09.00 A.M to 05.00 P.M., near Tamilan Shop in Theni Kumuli Road, Palanichettypatty, Theni District based on the petitioner's representation dated 29.07.2023. 2/6

2. Mr.B.Thanga Aravindh, learned Government Advocate (Crl.Side) takes notice for the respondents.

3.Heard both sides.

4. The learned counsel appearing for the writ petitioner submitted that in order to conduct "One day hunger strike" on 06.08.2023, they sought permission of the police by giving a representation. But, the third respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.

5. Perusal of impugned order shows that the representation that was made by the petitioner to conduct "one day hunger strike" was rejected by the third respondent herein by the order dated 30.07.2023, on the ground that it will create a law and order problem and the above said place is very crowded and if it is conducted in that place, it may cause inconvenience to the public and traffic 3/6

6. The learned Government Advocate(Crl.Side) appearing for the respondents police submitted that the respondents police are ready to consider the petitioner's representation, if the petitioner give a fresh representation by incorporating alternative place for conducting the above said strike.

7. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to give a fresh representation before the concerned respondent police by incorporating place.

8. The petitioner is hereby directed to give fresh representation to the third respondent by incorporating place, on such representation, the third respondent is hereby directed to consider the same and pass orders immediately following the order following the order of the Hon'ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy District and another, in W.P. (MD).No.12535 of 2023, dated 24.05.2023 and in the light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc. 007301/Genl.I (1)/2019, dated 09.04.2019.

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9. With the above said directions, this writ petition stands disposed of . No Costs.

04.08.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Theni Circle, Theni.

3.The Inspector of Police, Palanichettypatty Police Station, Palanichettypatty, Theni District.

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

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G.ILANGOVAN,J tta Order made in W.P(MD)No.18874 of 2023 Dated : 04.08.2023 6/6