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Madras High CourtWP(MD)/24432/2022disposed of

Ganesan v. The Superintendent Of Police

2022-10-27Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.24432 of 2022 Ganesan ... Petitioner /vs./

1. The Superintendent of Police Ramanathapuram District Ramanthapuram.

2. The Deputy Superintendent of Police Ramanathapuram Ramanathapuram District

3. The Inspector of Police Bazaar Police Station Ramanthapuram District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned rejection order passed by the 2nd respondent police in his proceedings in Na.Ka.No.437/Kfhk;/fhJf/,uhk/2022 dated 17.10.2022 and quash the same as illegal and consequently direct the 2nd and 3rd Respondents to give permission and adequate police protection for conducting the peaceful 1/6

protest conducted by the petitioners party on 01.11.2022 at about 11.00 A.M., in front of the Aranmanai, Ramanathapuram, Ramanathapuram District. For Petitioner : Mr.A.Arputharaj 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 calling for the records pertaining to the impugned rejection order passed by the 2nd Respondent police in his proceedings in Na.Ka.No.437/Kfhk;/fhJf/,uhk/2022 dated 17.10.2022 and quash the same as illegal and consequently direct the 2nd and 3rd Respondents to give permission and adequate police protection for conducting the peaceful protest conducted by the Petitioners party on 01.11.2022 at about 11.00 A.M., in front of the Aranmanai, Ramanathapuram, Ramanathapuram District. 2.The learned Government Advocate(Crl.Side) takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal. 2/6

3.Heard the learned Counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the Respondents. 4.The learned Counsel appearing for the Petitioner would submit that the Petitioner is a political organization working for the Tamil people development. He had sought permission to protest demanding certain reservation for the people of Tamil Nadu with the Respondents 1 to 3 to hold protest in front of the Aranmanai, Ramanathapuram, Ramanathapuram District. The same was rejected by the second Respondent. Against which he has filed the present petition. 5.The learned Government Advocate(Crl.Side) appearing for the Respondents, on instructions, would submit that for a period of two months from 9th September 2022 till 09.11.2022, there is prohibitory order issued under Section 144 (1) of Cr.P.

C in the Ramanathapuram District by the District Collector on 07.09.2022. Further the learned Government Advocate(Crl.Side) would submit that instead of Aranmanai, the Petitioner can choose an alternate place as the said place is an congested area and it will cause hindrance to the school students and general public who are using the public place.

6.In view of the vehement objection raised by the learned Government Advocate(Crl.Side), the Petitioner is directed to file fresh petition with alternate venue and alternate date for protest since prohibitory order has been issued under Section 144 (1) of Cr.P.C in the Ramanathapuram District till 09.11.2022. Further the Respondents 1 to 3 are directed to receive fresh application from the Petitioner regarding the same and pass orders on merits and in accordance with law.

7. With the above direction, the Writ Petition stands disposed of. No costs. 27.10.2022 Index : Yes / No Internet : Yes / No aav Note: Issue Order Copy on 27.10.2022.

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To:

1. The Superintendent of Police Ramanathapuram District Ramanthapuram.

2. The Deputy Superintendent of Police Ramanathapuram Ramanathapuram District

3. The Inspector of Police Bazaar Police Station Ramanthapuram District

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.24432 of 2022 27.10.2022 6/6