Uma Devi.R v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.23346 of 2022 R.Umadevi ... Petitioner /vs./

1. The Superintendent of Police Karu District, Karur

2. The Deputy Superintendent of Police Karur Town Division Karur District

3. The Inspector of Police Karur Town Police Station Karur- 639 001 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed in Na.Ka.No.218/fh.J.f/f.c/f&h; /2022 dated 11.09.2022 passed by the 2nd respondent herein to quash the same as illegal and consequently direct the 2nd and 3rd respondents herein to permit the petitioner political party for conducting the agitation / public meeting as per the permission 1/5

granted by this Hon'ble Court in forth coming days in accordance with law, within time stipulated by this Hon'ble Court.

For Petitioner : Mr. D.Malamurugapandi For Respondents : Mr.R. Sivakumar Government Advocate(Crl.Side)

ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed in Na.Ka.No.218/fh.J.f/f.c/f&h; /2022 dated 11.09.2022 passed by the 2nd Respondent herein to quash the same as illegal and consequently direct the Respondents 2 and 3 herein to permit the Petitioner political party for conducting the agitation / public meeting as per the permission granted by this Hon'ble Court in forth coming days in accordance with law, within time stipulated by this Hon'ble Court

2. The learned Counsel for the Petitioner would submit that he had proposed to conduct agitation on 11.09.2022, which was rejected by the second Respondent. Now the petition had become infructuous. The Petitioner seeks permission of this Court to file fresh petition to the first or second Respondent 2/5

and in the light of the above he has filed this present Writ Petition to direct the Respondents 2 and 3 herein to permit the Petitioner political party for conducting the agitation / public meeting.

3. The learned Government Advocate(Crl.Side) by way of reply submitted that the Petitioner had sought permission to conduct agitation against the Minister who is holding the port folio. It is the further submission of the learned Government Advocate(Crl.Side) that the cases against the said Minister are pending enquiry. When the subject matter is subjudiced, the Petitioner cannot proceed with any political mileage and she cannot seek any permission to conduct agitation against the said Minister . Also the place, where agitation is sought to be conducted, is a busy public road for which also permission cannot be granted.

4. In the light of the submission made by the learned Counsel for the Petitioner and the learned Government Advocate(Crl.Side), the Writ Petition stands dismissed with a direction to the Petitioner to approach the first and second Respondents and file a fresh petition. The objection of the learned 3/5

Additional Public Prosecutor that in the public highways road no agitation can be allowed to be conducted, and that too when the matter is seized of by the Court is placed on record. No costs.

15.11.2022 Index : Yes / No Internet : Yes / No aav TO:

1. The Superintendent of Police Karu District, Karur

2. The Deputy Superintendent of Police Karur Town Division Karur District

3. The Inspector of Police Karur Town Police Station Karur- 639 001

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

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SATHI KUMAR SUKUMARA KURUP , J.

aav W.P.(MD)No.23346 of 2022 15.11.2022 5/5