1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.471 of 2011 K.R.Velladurai : Petitioner Vs. 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Valliyoor Police Station, Tirunelveli Distirct. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant permission to conduct a meeting so as to observe hunger strike at a place nearby to old Bus Stand, Valliyoor, Tirunelveli District on 28.01.2011 based upon the petitioner's representation, dated 05.01.2011. For Petitioner :Mr.R.Anand For Respondents :Mr.S.C.Herold Singh, Govt. Advocate O R D E R The petitioner seeks a Writ of Mandamus, directing the respondents to grant permission to observe hunger strike at a place near the old Bus Stand, Valliyoor, Tirunelveli District on 28.01.2011 based upon his representation, dated 05.01.2011. 2. According to the petitioner, there was a request to erect a statue of Thiru. Kamarajar at Valliyoor and more particularly at natham Survey No.1299 corresponding to new survey No.2290, Parai Poramboke, Valliyoor Main Raod, Tirunelveli District. Though recommendation was made by various authorities, the District Collector was not prepared to grant permission. The District Collector as per proceedings, dated 16.12.2010 has informed the petitioner that the Superintendent of Police, Tirunelveli District was not in favour of the proposal and as such he was not in a position to grant permission to erect the statue. This made the petitioner and others to take a decision to observe hunger strike on 28.01.2011. 3. According to the petitioner, application was submitted before the first respondent on 05.01.2011, for permission. Since the said application was not considered by the first respondent, the petitioner was constrained to file the Writ petition for issuance of a Writ of Mandamus. 4. I have heard the learned counsel for the parties. 5. The issue as to whether permission has to be granted to observe the hunger strike, is a matter to be decided by the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Admittedly, the application submitted by the petitioner is pending before the said Authority. The Authority has to take a decision one way or the other, on merits and as per law. 7. Therefore, I am of the view that interest of justice would be sub- served in case a direction is issued to the first respondent to consider the application submitted by the petitioner on 05.01.2011, on merits and as per law and in the light of the judgment pronounced by this Court on earlier occasions, in similar matter. The first respondent is directed to consider and dispose of the application submitted by the petitioner as expeditiously as possible and in any case positively by 1.00 p.m on 27.01.2011. 8. The Writ petition is disposed of with the above direction. No Costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District +1 CC to the Special Government Pleader, SR.No.2881 +1 CC to Mr.R.Anand, Advocate, SR.No.361 pm W.P.(MD)No.471 of 2011 24.01.2011 TR : 25.01.2011 : 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/