Santhosam.C v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN C.Santhosam ... Petitioner Vs

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

2. The Inspector of Police, CI Police Station, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd Respondent to consider petitioner's representation, dated 02.12.2023 and grant permission to conduct one day hunger strike on 12.12.2023 at 10.00 am to 06.00 pm at nearby Vannarpettai Bridge, Vannarpettai, Palayankottai, Tirunelveli.

For Petitioner : Mr. V.Rajiv Rufus For Respondents : Mr.M.Anbunithi Additional Public Prosecutor 1/5

O R D E R

This writ petition has been filed to issue a writ of mandamus, Mandamus, to direct the 2nd Respondent to consider petitioner's representation, dated 02.12.2023 and grant permission to conduct one day hunger strike on 12.12.2023 at 10.00 am to 06.00 pm at nearby Vannarpettai Bridge, Vannarpettai, Palayankottai, Tirunelveli.

2. The 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 if fresh representation is given by the petitioner to the third 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.

4. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public 2/5

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 disposed of to the extent that the above said hunger strike must be restricted to one day at the date, time and place fixed by the respondents. No costs.

08.12.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note:Issue order copy on 12.12.2023 PNM 3/5

To

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

2. The Inspector of Police, CI Police Station, Palayamkottai, Tirunelveli District.

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

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G.ILANGOVAN, J PNM ORDER IN Dated : 08.12.2023 5/5