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Madras High Court

G.Sasi vs The Superintendent Of Police on 12 February, 2026

Author: S.Srimathy

Bench: S.Srimathy

                                                                                      W.P.Crl.(MD)No.805 of 2026




                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                        DATED: 12-02-2026
                                             CORAM
                             THE HONOURABLE MRS JUSTICE S.SRIMATHY

                                           WP Crl.(MD) NO. 805 of 2026

              G.Sasi
                                                                                                   Petitioner(s)
                                                                Vs

              1. The Superintendent of Police
              Kanniyakumari District.

              2. The Deputy Superintendent of Police
              Marthandam
              Kanyakumari District.

              3. The Inspector of Police
              Kollencode Police Station
              Kanyakumari District

                                                                                                 Respondent(s)
              For Petitioner(s): Mr.A.Balakrishnan
              For Respondent(s): Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.side)

              Prayer:
              Writ Petition filed under Article 226 of the Constitution of India praying for issuance
              of a Writ of Mandamus, to direct the 3rd respondent to grant permission to undergo
              continuous hunger strike in front of the Kollencode Municipality from 16.02.2026
              onwards by considering the representation dated 09.01.2026.




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 20/02/2026 03:28:27 pm )
                                                                                        W.P.Crl.(MD)No.805 of 2026

                                                             ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 3rd respondent to grant permission to undergo continuous hunger strike in front of the Kollencode Municipality from 16.02.2026 onwards by considering the representation dated 09.01.2026.

2. The petitioner is claiming that he is doing social activity in the locality for the welfare of the general public. Further stated that major part of the residential and commercial area under the respondent municipality was not maintained by the authority in a clean manner. The dustbin was not provided, resulting in dumping of garbage indiscriminately in various places. The waste accumulated from the hotels, marriage halls and other wastes namely meat, fish waste are being dumped in municipal areas. Such waste creates risk of transmission of disease, further it is emitting foul odors thereby causing air pollution. Since the respondent municipality has not maintained the municipal area clean, the petitioner had filed a writ petition in W.P.Crl.(MD)2670 of 2025 inter alia praying to grant permission for conducting hunger strike. This Court vide order dated 18.12.2025 directed the respondents to grant permission to conduct hunger strike on 20.12.2025 from 10.00 am to 5 pm with other conditions. The respondents had granted permission and the petitioner had https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/02/2026 03:28:27 pm ) W.P.Crl.(MD)No.805 of 2026 completed the hunger strike.

3. Now, in the present petition, the petitioner is seeking to grant permission to do “continuous hunger strike” and demanding the respondent municipality to clean the municipal area.

4. There is no doubt that maintaining the municipal area clean is one of the duties of the municipality. At the same the people who are residing in the municipal area are also duty bound to keep the area clean. By doing “continuous hunger strike” against the respondent municipality the municipal area cannot be maintained clean. There should be contribution from the people residing in the municipal area. The people ought to be taught civic sense. Therefore, this Court is of the considered opinion that by doing “continuous hunger strike”, the municipal area cannot be maintained clean, unless the people are taught civic responsibility / Swachh Bharat.

5. For the reasons stated supra, this Writ Petition is dismissed. There shall be no order as to costs.

12-02-2026 Tmg https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/02/2026 03:28:27 pm ) W.P.Crl.(MD)No.805 of 2026 To

1. The Superintendent of Police Kanniyakumari District.

2. The Deputy Superintendent of Police Marthandam Kanyakumari District.

3. The Inspector of Police Kollencode Police Station Kanyakumari District https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/02/2026 03:28:27 pm )