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Madras High CourtWP(MD)/27283/2019allowed

K.Muruganantham @ Pulendran v. The Superintendent Of Police

2020-03-05Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD). No.27283 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.03.2020 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD).No.27283 of 2019 K.Muruganantham @ Pulendran ... Petitioner Vs 1.The Superintendent of Police, O/o., The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Karaikudi Sub-Division, Sivagangai District.

3.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.K.No.03/L1.PS/2019/SVG dated 09.07.2019 on the file of the third respondent and quash the same as illegal and consequently direct the respondents 1 and 2 to grant permission to conduct indefinite hunger strike from 03.01.2020 or any other date at Bus Stand, Koviloor, Sivagangai District within the time stipulated by this Court. For Petitioner : Mr.T.Tirumurugan For Respondents : Mrs.M.Ananthadevi Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.The petitioner wants to conduct indefinite hunger strike in Koviloor Town to protest the corporate activities of TCPL. According to the petitioner, on account of the said company, the ground water table has fallen down steeply and there is a grave danger to ecology and environment. The petitioner's request was https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD). No.27283 of 2019 earlier negatived by the third respondent and challenging the same, this writ petition came to be filed.

3.After hearing the learned counsel on either side, I am of the view that the petitioner can be directed to submit a fresh application to the second respondent. The petitioner will intimate the number of persons who are likely to participate in the hunger strike. The petitioner will also identify more than one site for holding the hunger strike. The second respondent is directed to select one of them and permit the petitioner to hold the aforesaid hunger strike. The second respondent will issue proceedings granting such permission within three days from the date of receipt of a fresh application of the petitioner herein. 4.The Writ Petition is allowed on these terms. No costs. Sd/- Assistant Registrar co // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Superintendent of Police, O/o., The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Karaikudi Sub-Division, Sivagangai District.

3.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

+1 CC to Mr.T.THIRUMURUGAN, Advocate ( SR-10304[F] dated 06/03/2020

ORDER

IN W.P(MD).No.27283 of 2019 05.03.2020 VB(17.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2