Selva @ Selvamani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Selva @ Selvamani ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

3.The Inspector of Police, Thirppanandal Police Station, Thanjavur District.

..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant permission and protection to the petitioner's party to conduct "One Day Agitation" (Kathiruppu Porattam) scheduled to be held on 19.09.2023 or on any appropriate dates and at any of the appropriate place as mentioned in the petitioner's representation, dated 10.09.2023. 1/5

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent Police to permit them to conduct "One Day Agitation" either on 19.09.2023 or any other date with fifty persons in a peaceful manner in order to protest the encroachment of four water bodies by a religious entity.

2. It is submitted by the learned counsel for the petitioner that the representation of the petitioner, dated 10.09.2023 was rejected by the respondent Police on 06.09.2023 subsequent thereto, on the ground that the place where the petitioner intends to stage dharna is a place where there will be a traffic and on account of dharna, inconvenience may likely to cause. It is also submitted that after rejection of the request basing on the place, the petitioner filed one more application to show the alternative place and sought for a suitable direction. 2/5

3. Learned Government Advocate (Criminal Side) on the other hand submits that the respondent Police have not received any representation with regard to alternative place.

4. Considering the submissions made above, the petitioner is at liberty to file a fresh application before the respondent Police showing alternative place and also mentioning that they will stage dharna with fifty persons, on which, the respondent Police are directed to consider the same and grant permission for staging dharna on any convenient date the after Vinayagar Chathurthi Festivals are over, by imposing usual conditions.

5. With the above direction, the writ petition is disposed of. No costs.

Speaking : Yes / No 15.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/5

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

3.The Inspector of Police, Thirppanandal Police Station, Thanjavur District.

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

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DR.D.NAGARJUN. J.

tsg W.P.(MD)No.22512 of 2023 15.09.2023 5/5