Johnson Melkisathek Stalin v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Johnson Melkisathek Stalin ... Petitioner Vs

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

2. The Inspector of Police, South Police Station, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to give permission to do hunger strike on 23.10.2023 and 24.10.2023 near V.V.D.Signal, Thoothukudi by considering the representation of the petitioner, dated 29.09.2023. For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

O R D E R

This writ petitioner filed this Writ Petition seeking for a direction to the respondents to give permission to do hunger strike on 23.10.2023 and 24.10.2023 near V.V.D.Signal, Thoothukudi by considering the representation of the petitioner, dated 29.09.2023.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned Additional Public Prosecutor would submit that the place where the permission sought for by the petitioner is having very heavy traffic. Therefore, the respondent could not consider the petitioner's representation favourably. If fresh representation is given by the petitioner to the second respondent, the same will be considered. More over, the petitioner has to assure to arrange proper medical facility to conduct hunger strike and they should not use any defamatory words against any political party or Government.

2/5

4. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

5.On considering the objection raised by the learned Additional Public Prosecutor, the petitioner is directed to submit a fresh representation along with an affidavit stating that necessary medical facility will be arranged in the aforesaid place and no defamatory words will be used against any political party or Government or person. The respondent is at liberty to impose any reasonable condition as situation demands. The petitioner should comply with the said conditions as imposed by the respondent. If any failure is noticed, the respondent is at liberty to take action against the petitioner in accordance with law. 6.With the above directions, this writ petition stands allowed to the extent that the above said hunger strike must be restricted to one day. No costs.

10.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note:Issue order copy on 13.10.2023 PNM 3/5

To

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

2. The Inspector of Police, South Police Station, Thoothukudi District.

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

4/5

G.ILANGOVAN, J PNM ORDER IN Dated : 10.10.2023 5/5