M.K.PALANICHAMY Vs. SUPERINTENDENT OF POLICE
LAWS(MAD)-2013-6-202
HIGH COURT OF MADRAS
Decided on June 26,2013

M.K.Palanichamy Appellant
VERSUS
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

- (1.) MR .A.Muthukaruppan, the learned Additional Government Pleader, takes notice on behalf of the respondents. By consent, the writ petition is taken up for disposal at the stage of admission.
(2.) THE petitioner has challenged the order passed by the third respondent, by which he reused to give permission to make a demonstration by the petitioner. Therefore, he is before this court. The petitioner contends that he is the Secretary of a political party and one of his political party member is Mr.Balakrishnan, who is handicapped person and is a resident of Keelarajakularaman Panchayat. The said Panchayat does not provide basic amenities to the area, where the said Balakrishnan is residing. Therefore, he approached the Panchayat President, requesting to provide basis amenities. In respect of that, a false complaint has been made by the Panchayat President against the said Balakrishnan. With regard to enquiry in the said complaint, the said Balakrishnan was summoned to the police station and in the police station, son of the Panchayat President brutally attacked the said Balakrishnan and scolded him in his caste name, witnessed by a police constable. In respect of the above incident, the said Balakrishnan lodged a complaint before the third respondent and no action has been taken. Only with regard to the inaction of the third respondent, the petitioner wants to conduct a demonstration in Ambedkar Thidal, S.Ramalingapuram Lane, Rajapalayam, Taluk, Virudhunagar District and gave a representation to the second respondent on 25.06.2013 and the same was rejected by the third respondent without giving any reason.
(3.) THE learned counsel appearing for the petitioner would submit that only the second respondent is entitled to pass orders under section 30 of the Police Act, 1861. Therefore, the order passed by the third respondent is without jurisdiction.;


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