Madras High CourtWP(MD)/27365/2019disposed of

Mugilarasan v. The Commissioner Of Police

2019-12-25Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.12.2019

CORAM:

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI W.P.MD).No.27365 of 2019 Mugilarasan .. Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2.The Assistant Commissioner of Police [Law and order] Office of the Assistant Commissioner of Police, Thilagarthidal, Madurai City.

3.The Inspector of Police, C2, Subramaniyapuram Police Station, Madurai City.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records connected with the impugned order in Na.Ka.No.124/2019, dated 24.12.2019 on the file of the second respondent and quash the same as illegal, consequently to direct the respondents for grant permission for conduct agitation at near Jeyam Theatre Palanganatham, Madurai City on 25.12.2019 from 11.00 a.m to 01.00 p.m or any other earliest date in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Writ petition is filed for issuing a Writ of Certiorarified Mandamus, to call for the records connected with the impugned order in Na.Ka.No.124/2019, dated 24.12.2019 on the file of the second respondent and quash the same as illegal, consequently to direct the respondents for grant permission for conduct agitation at near Jeyam Theatre Palanganatham, Madurai City on 25.12.2019 from 11.00 a.m to 01.00 p.m or any other earliest date in accordance with law within the time stipulated by this Court.

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2. It is strongly opposed by the learned Additional Public Prosecutor and submitted that when permission is granted by this Court, it leads to law and order problems and prays that the Writ Petition may be dismissed.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

4. A perusal of the records, it reveals that law and order problem will arise when permission will be granted for conducting agitation at near Jeyam Theatre, Palanganatham, Madurai City. The reasons stated in the petition are not acceptable. There is no merit in this petition. Under this circumstance, this Court is not inclined to grant the relief as claimed by the petitioner.

5. This Writ Petition is disposed of with liberty given to the petitioner to file a fresh representation before the second respondent. On receipt of the same, the second respondent is directed to consider the petitioner's representation and dispose of the same on merits and in accordance with law. No costs.

Sd/- Vacation Officer /True Copy/ Deputy Registrar / To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai. 2.The Assistant Commissioner of Police [Law and order] Office of the Assistant Commissioner of Police, Thilagarthidal, Madurai City.

3.The Inspector of Police, C2, Subramaniyapuram Police Station, Madurai City. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One CC to Mr.R.Alagumani, Advocate, SR.No.106456 Ls RL/6C/2P/25.12.2019 W.P.MD).No.27365 of 2019 25.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2