Madras High CourtWP(MD)/20761/2021allowed

Sundaramahalingam v. The Superintendent Of Police

2021-11-22Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.20761 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20761 of 2021 Sundaramahalingam ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.

3.The Inspector of Police, Town Police Station, Srivilliputhur, Virudhunagar District.

... Respondents Prayer : Writ Petition is filed under Article 226 Constitution of India, to issue a Writ of Mandamus, directing the respondents No-1 to 3 to grant permission to conduct peaceful protest by laying temporary Pandhal at Periya Mariyamman Kovil Theru, Srivilliputhur, Virudhunagar District on 15.11.2021 from 9.00 am to 6.00 pm by considering the petitioner's representation, dated 25.10.2021 and the subsequent representation, dated 15.11.2021. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondents.

2. The petitioner wants to conduct a peaceful protest in respect of the affairs of a particular community Trust. The petitioner's earlier request was denied because of the prevalence of Covid Pandemic. Now, normal life has almost returned. The petitioner may be permitted to conduct the said peaceful demonstration. The second respondent is directed to grant https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20761 of 2021 permission to the petitioner to hold such protest. However, it is for the second respondent to specify the venue of protest, the number of participants, date and timings and also the manner of protest. However, I make it clear that the petitioner will be given the very same treatment which is given for such similar protest activities. The petitioner has indicated that protest can be held on 27.11.2021.

3. With the above directions, this Writ Petition is allowed. No costs.

Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar,Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Srivilliputhur,Virudhunagar District.

3.The Inspector of Police, Town Police Station, Srivilliputhur,Virudhunagar District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-35419[F] dated 23/11/2021 ) W.P.(MD)No.20761 of 2021 22.11.2021 kmk(CO) TR/SKN(23.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2