Madurai Sitha Vaithiya Sangam v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Madurai Sitha Vaithiya Sangam represented by its Secretary Gurunathan ... Petitioner Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Assistant Commissioner of Police, Thallakulam, Madurai City.
3.The Inspector of Police, Thallakulam Police Station (Law & Order), Madurai City.
4.Aravindar 5.Anthony Raj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to grant appropriate permission to the petitioner sangam's 1/6
general body meeting to be held on 25.02.2023 between 10.00 a.m. to 05.00 p.m. in IGSR meeting Hall, situating in Madurai Gandhi Memorial Museum by considering the petitioner's representation dated 25.12.2022 within the time limit that may be stipulated by this Court. (Prayer amended vide Court order dated 10.01.2023 in WMP(MD)No.175 of 2023 in WP(MD)No.2815 of 2022) For Petitioner : Mr.M.S.Jeyakarthik For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
O R D E R
The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the third respondent to grant appropriate permission to the petitioner sangam's general body meeting to be held on 25.02.2023 between 10.00 a.m. to 05.00 p.m. in IGSR meeting Hall situated at Madurai Gandhi Memorial Museum by considering the petitioner's representation dated 25.12.2022 within the time limit that may be stipulated by this Court.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 3. 2/6
3. Despite receipt of Court notice, the respondents 4 and 5 have not turned up.
4. It is seen from the records that the third respondent has passed the impugned order dated 18.11.2022 rejecting the representation dated 12.11.2022 made by the writ petitioner for conducting a general body meeting on 19.11.2022 stating that since there are two rival groups in the writ petitioner's Sangam, it will create a law and order problem.
5. The learned counsel appearing for the writ petitioner would submit that the writ petitioner was recognized as the Secretary of the writ petitioner's Sangam and that the writ petitioner has been conducting civil cases in the capacity of Secretary of the Sangam. He would further submit that the writ petitioner has again sent a representation to the third respondent dated 26.11.2022. But, the third respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.
6. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the writ petitioner's representation is pending before the third respondent for consideration. 3/6
7. Recording the submissions made on either sides, the third respondent is directed to consider the representation of the writ petitioner and the objection of the rival group, if any and pass orders within a period of one week from 15.02.2023.
8. With the above direction, this writ petition stands disposed of. No costs.
13.02.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy on 15.02.2023 4/6
To 1.The Commissioner of Police, Madurai City, Madurai.
2.The Assistant Commissioner of Police, Thallakulam, Madurai City.
3.The Inspector of Police, Thallakulam Police Station (Law & Order), Madurai City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in Dated : 13.02.2023 6/6