Madras High Court
G.Pachaii Perumal vs The Superintendent Of Police on 12 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.P(MD) No.2682 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 12.02.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P(MD) No.2682 of 2020
G.Pachaii Perumal ... Petitioner
Vs.
1.The Superintendent of Police
Thoothukudi District
Thoothukudi
2. The Inspector of Police
Eral Police Station
Thoothukudi District ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the respondents to give permission
and adequate police protection to the petitioner for conducting 'Hunger
Strike' from 07.00am to 05.30 p.m on 23.02.2020 by using loud speakers
and mic near Taluk Office, Eral
For Petitioner : Mr.A.Karthik
For Respondents : Mrs.S.Bharathi
Govt. Advocate (crl.side)
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W.P(MD) No.2682 of 2020
ORDER
This writ petition has been filed seeking for a direction to direct respondents to give permission and adequate police protection to the petitioner for conducting 'Hunger Strike' from 07.00am to 05.30 p.m on 23.02.2020 by using loud speakers and mic near Taluk Office, Eral
2.The learned counsel for the petitioner would submit that the petitioner is a social activist and serving for the welfare of the general public in the locality. He would also submit that the land where the Eral Bus stand functioning is situated in Survey N0.158/1 of Vazhavallan Village which originally belong to Government Property and the same was also reflected in 'A' Register of Vazhavallan Village. But some persons for their illegal gain with the help of revenue department as well as Eral Town Panchayat have made alteration in the revenue records and encroached upon larger portion in the bus stand. He would also submit that many villagers have taken the matter to the District Collector, Thoothukudi to remove the encroachment and restore it for public usage. Since the authorities have not taken any steps to remove the encroachment made by the individuals and restore the same for public usage. He would also submit that inorder to invite the attention of the authorities, the petitioner 2/6 http://www.judis.nic.in W.P(MD) No.2682 of 2020 has also affixed notices and pamphlets in the locality on 21.01.2020 to take action to remove the encroachment made in Survey No.158/1 and 149/71 of Vazhavallan Village. Even thereafter the authorities have not come forward to consider the request and allowed the individuals to remain encroach upon the Government land. Hence to remove the encroachment the villagers have decided to conduct hunger strike near Taluk Office, Eral on 23.02.2020 and submitted necessary permission letter to the second respondent on 30.01.2020 seeking permission to demonstrate 'Hunger Strike' and to use mic and loud speaker. Since no action has been taken so far, the present writ petition has been filed.
3.The learned Government Advocate (criminal side) appearing for the respondents would submit that the respondent has rejected the representation of the petitioner on the ground that it will cause disturbance to the free movement of public and the cause disturbance to the general public. However, they have only objection regarding the place and if the petitioner is agreeable to conduct the hunger fast at the alternative venue at near Gandhi Statue, Eral Town, they have no objection.
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4.At this juncture, the learned counsel for the petitioner would submit that the petitioner is agreeing to conduct the hunger strike at the place in Eral Town near Gandhi Statue.
5.The learned Government Advocate (criminal side) would submit that the respondent police have no objection to conduct the hunger strike at the place in Eral Town near Gandhi Statue.
6.In view of the above situation, this Court is inclined to direct the respondent police to grant permission to the petitioner to conduct hunger strike. Accordingly, the second respondent is directed to grant permission to the petitioner to conduct hunger strike on 23.02.2020 between 7.00 am and 5.30 pm at the venue in Eral Town near Gandhi Statue. The petitioner is directed to give an undertaking affidavit mentioning that they will not violate any of the conditions imposed on them by the respondent police. It is left open to the second respondent to impose any reasonable conditions, for the purpose of giving such permission to the petitioner and the petitioner is duty bound to comply with the conditions without fail. If the petitioner or the member belonging to his Trust violate any of the conditions imposed by the second respondent, it is left open to the second 4/6 http://www.judis.nic.in W.P(MD) No.2682 of 2020 respondent to take action in accordance with law.
7.The writ petition is disposed of with the above direction.
Index : Yes/No 12.02.2020
Internet : Yes/No
aav
Note: Issue order copy on 17.02.2020
To
1.The Superintendent of Police
Thoothukudi District
Thoothukudi
2. The Inspector of Police
Eral Police Station
Thoothukudi District
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W.P(MD) No.2682 of 2020
A.D.JAGADISH CHANDIRA. J
aav
order made in
Writ Petition(MD)No.2682 of 2020
12.02.2020
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