Vel Raja V v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Vel Raja V ... Petitioner Vs.
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.
3. The Inspector of Police, Kovilpatti West Police Station, Kovilpatti Division, Thoothukudi.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in connection with the impugned order of rejection passed in Na.Ka.No. 11/Forecast/Rejection Order/D2.P.S/TUT/2023 dated 28.09.2023 and quash the same as illegal and arbitrary and consequently direct the Respondents to grant permission to conduct the Cycle Rally and Health Awareness programme scheduled on 15.10.2023 from Thonukal Villakku 1/6
to Senbagavalli Amman on the eve of 73rd Birthday Celebration of Honourable Prime Minister of India.
For Petitioner : Mr.G.Thalaimuthurasu, For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in connection with the impugned order of rejection passed in Na.Ka.No.11/Forecast/Rejection Order/D2.P.S/TUT/2023 dated 28.09.2023 and quash the same as illegal and arbitrary and consequently direct the Respondents to grant permission to conduct the Cycle Rally and Health Awareness programme scheduled on 15.10.2023 from Thonukal Villakku to Senbagavalli Amman on the eve of 73rd Birthday Celebration of Honourable Prime Minister of India.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
2/6
3.Heard both sides.
4. The learned counsel appearing for the writ petitioner submitted that on the eve of 73rd Birthday Celebration of Honourable Prime Minister of India Cycle Rally and Health Awareness programme scheduled on 15.10.2023 from Thonukal Villakku to Senbagavalli Amman. They sought permission of the police by giving a representation. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.
5.The second respondent Police appeared before this Court and stated that the above said road, where the cycle rally is scheduled to be held is very congested area and there is some possibility of traffic issue, the above said representation was rejected by the order vide his proceedings in Na.Ka.No.11/Forecast/Rejection Order/D2.P.S/TUT/2023 dated 28.09.2023.
6. The learned counsel for the petitioner would submit that the petitioner is ready to give fresh representation by mentioning alternative 3/6
road and time.
7. There shall be a direction to the petitioner to give fresh representation by mentioning alternative road and time. If such representation is made, the same may be considered and pass orders by the second respondent.
8. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 28.09.2023, is hereby set aside.
09.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6
To
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.
3. The Inspector of Police, Kovilpatti West Police Station, Kovilpatti Division, Thoothukudi.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
G.ILANGOVAN, J Indu Order made in Dated : 09.10.2023 6/6