Petition challenged rejection of permission to conduct a demonstration regarding water resource encroachments. Court dismissed the petition as devoid of merits because the demonstration date had passed.
Demonstration permission request previously rejected, writ petition dismissed without merits, no costs.
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W.P.(MD).No.17068 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019 CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD).No.17068 of 2019
S.B.Paulsamy
... Petitioner
Vs.
1.The Deputy Superintendent of Police, Thiruvaadanai, Ramanathapuram District.
2.The Sub Inspector of Police, Thiruvaadanai Police Station, Ramanathapuram District.
3.The Tashildar Thiruvaadanai Village, Ramanathapuram District.
4.Raman 5.Ilavarasi ... Respondents
(R3 to R5 impleaded vide order dated 26.11.2019 in WMP(MD)No.15647 of 2019)
PRAYER : Petition filed under Article 226 of the Constitution of India, seeking a Writ of certiorarified Mandamus, to call for the records pertaining to the proceedings of second respondent in Na.Ka. No.38/D1PS/thiruva./2019, dated 09.07.2019 rejecting the permission for conducting Demonstration and to quash the same as illegal and unconstitutional and consequently to direct the first respondent to give permission to conduct “Demonstration” at Thiruvadanai South Street, near Amman Kovil on a convenient date of the petitioner.
For Petitioner : Ms.M.P.Roniga For R1and R2 : Mr.R.Anandharaj, Additional Public Prosecutor
ORDER
The Writ Petition has been filed challenging the order passed by the second respondent in Na.Ka.No.38/D1PS/thiruva./2019, dated 09.07.2019, thereby rejecting the permission sought for by the petitioner to conduct demonstration at Thiruvadanai South Street, near Amman kovil.
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W.P.(MD).No.17068 of 2019
2.The learned counsel for the petitioner submitted that the petitioner submitted so many representations to remove the encroachments at Paramanivayal Pond by the encroachers before the revenue authorities. After receipt of the same, they did not take any action to remove the encroachers. Therefore, the petitioner decided to conduct demonstration on 10.07.2019 at about 11.00.a.m. In this regard, he made a representation to the second respondent and the same was rejected for the reason that Section 30(2) of the Police Act is in force in the said area. Further, it was stated that the dispute is regarding water resources and as such, it has to be enquired by the revenue authorities. Hence, this writ petition.
4.On perusal of the records, it is seen that the demonstration was to be conducted on 10.07.2019, the period is also over, therefore, this Writ Petition is devoid of merits. Accordingly, this Writ Petition is dismissed. No costs.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
To
2.The Sub Inspector of Police,
3.The Tashildar, Thiruvaadanai Village, Ramanathapuram District.
https://hcservices.ecourts.gov.in/hcservices/ SDS(09.01.2020) 2P-4C
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1 issue framed by the court
Whether to set aside an order rejecting permission to conduct a demonstration.
2 provisions across 2 enactments
S.B.Paulsamy
The Deputy Superintendent of Police, Thiruvaadanai
The Sub Inspector of Police, Thiruvaadanai Police Station
The Tashildar Thiruvaadanai Village
Raman 5.Ilavarasi
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
