Madras High Court

WP/35712/2019 of VARAAKI Vs THE CHIEF SECRETARY on 30 December 2019

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COURT OF JUDICATURE AT MADRAS Dated: 30.12.2019 CORAM THE HON'BLE

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.12.2019

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN&THE HON'BLE MS.JUSTICE P.T.ASHA

W.P.Nos.35712 & 35713 of 2019and W.M.P.No.36634 of 2019

W.P.No.35712 of 2019

VaraakiS/o.RadhakrishnanFounder and PresidentIndian Makkal MandramNo.2/3, Sudhananda Bharathi Street,Ganapathipuram, East Tambaram,Chennai-600 059.... Petitioner -vs-

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1. The Chief Secretary,Secretariat, St.George Fort,Chennai-600 009.

2. The Home Secretary,Secretariat, St.George Fort,Chennai-600 009.

3. The Director General of Police,O/o.The Director General of PoliceMylapore, Chennai-600 004.

4. The Commissioner of Police,Greater Chennai Police CommissionarateVeppery, Chennai-600 007. ... Respondents Prayer: Writ petition is filed under Article 226 of Constitutionof India for issuance of a writ of Mandamus, forbearing therespondents herein from giving any kind of permission to theunlawful demonstration to be conducted on 23.12.2019 by theOpposition Parties in the State of Tamil Nadu.

For Petitioner : Mr.B.JanakiramFor Respondents: Mr.V.Jayaprakash Narayanan Govt. PleaderW.P.No.35713 of 2019A.EzhilarasuS/o.Arunachalam97, APH Road,Ezil Rajkumar Illam,Avadi, Chennai-600 054.... Petitioner-vs-1.Mr.M.K.StalinS/o.(late) Hon'ble Dr.Kalaignar M.KarunanidhiPresident,Dravida Munnetra Kazhagam Political Party,Anna Arivalayam,389, Anna Salai,Rostrevor Garden,Teynampet,Chennai-60 017.2.Mr.Vai.Gopalasamy M.P.,General SecretaryMarumalarchi Dravida Munnetra Kazhagam Political Party,Thayagam,8/143, Rukmani Lakshmimathy :Road,Egmore, Chennai-600 0083.Mr.Thol Thirumavalavan M .P.,Founder President Viduthalai Chiruthaigal KatchiVCK Head Quarters,2[nd] Avenue TNHB ColonyVelacherry Chennai-600 042.4.The Secretary Communist Party of India (Marxist)PR NinaivagamVaidyaram Street,Parathasarathi PuramT.Nagar, Chennai-600 017.5.The Secretary,India :Communist party86 Kilpauk Garden RoadT.P.Chaitiiram Main RoadJyothi Ammal Nagar Shenoy NagarChennai-600 010.2/6

6. Mr.Kamal HassanFounder PresidentMakkal Needhi Maiam4 Eldams RoadVannia TeynampetAlwarpet Chennai-600 0187.Mr.K.S.AlagiriPresident Tamil Nadu ChapterTamilnadu Congress CommitteeSatyamurthy Bhavan40 Thiruvika SalaiChennai- 600 002.8.K.M.Kadar MohaideenMaraikayar Labbai Street Chennai.9.Mr.M.H.JawahirullahFounder President 6-7 Vada Maracoir StreetSeethakadi NagarGeorge Town, Chennai 600 001.10.E.R.Easwaran M.P.,Secretary GeneralKongunadu Makkal Desiya KatchiAdministrative office46 Sampath Nagar,Erode.11.T.R.Parivendhar @ Dr.TR.Pachamuthu, M.P.,PresidentIndhiya Jananayaga Katchi20/4 Prakasarar SalaiJanaki NagarValasara VakkamChennai-600 087

12. Mr.Thamimun Ansari M.L.A.,General SecretaryManitha Neya Jananayaga Katchi26, Kalitheru, Thoppudurai PostVedharanyan Taluk, Nagapattinaum District

13. The General SecretarySocial Democratic Party of India, (SDPI)4/7, Ibrahim Sahib Street, Seethakadi Nagar,Mannady, Chennnai-1.14.The Chief Secretary Govt of TamilnaduSecretariat, Fort St George Chennai-600 009.15.The Director General of PoliceState Police Head QuartersGovernment of Tamil NaduSecretariat, Fort St.GeorgeChennai-600 009.16.The Commissioner of PoliceGreater ChennaiVepery, EgmoreChennai-600 008.17.The Commissioner,Greater Chennai Municipal Corporation, Chennai ... Respondents Prayer: Writ petition is filed under Article 226 of Constitutionof India for issuance of a writ of Mandamus, directing the 15[th]and 16[th] respondents not to permit the 1[st] to 13[th] respondents toconduct the scheduled rally / procession / protest on 23.12.2019as against the Citizenship (Amendment) Act, 2019 since the samekind of held procession in Delhi, Karnataka, U.P., Assam turnedviolent and affected the Normal Tempo of life, in the largerinterest of public, public properties and to protect the law andorder on the basis of The Newspaper Report published inDinamalar Tamil Daily dated 21.12.2019.

For Petitioner : Mr.R.KrishnamurthyFor R14 to R17 : Mr.V.Jayaprakash Narayan Govt. Pleader******

C O M M O N O R D E R

S.VAIDYANATHAN,J.,ANDP.T.ASHA,J.,

The petitioners seek to forbear the Official respondentsfrom giving any kind of permission to the unlawful demonstrationto be conducted on 23.12.2019 by the Opposition Parties in theState of Tamil Nadu, more particularly, the respondents 1 to 13in W.P.No.35713 of 2019 as against the Citizenship (Amendment)Act, 2019.

2. When the matters are taken up for hearing, it isrepresented by the learned Government Pleader that the reliefsought for in these Writ Petition is no longer in existence inview of the fact that the respondents 1 to 13 in W.P.No.35713 of2019 have conducted rally illegally without obtaining properpermission from the Police and therefore, necessary action hasbeen initiated against the persons, who have headed theprocession and also against volunteers of the Political parties.

3. In view of the above submission, we are of the view thatnothing survives for further adjudication in these petitions andno purpose would serve in keeping these matters pending forever.Hence, these Writ Petitions stand closed. At the same time, thisCourt do not want to express any opinion with respect to theconduct of rally by the Political parties, despite issuance ofrefusal order by the Police and it is for the Police to proceedfurther in accordance with law. No costs. Consequently,connected miscellaneous petitions is also closed.

Sd/- Assistant Registrar(CS IV)

//True Copy//

Sub Assistant Registrar

To:

1. The Chief Secretary,Secretariat, St.George Fort,Chennai-600 009.

+3cc to Mr.B.Janakiram, Advocate sr.172+1cc to Government Pleader SR.NO. 10689+1cc to Government Pleader SR.NO. 10689

W.P.Nos.35712 & 35713 of 2019

ad(co)nr 02/01/2020nr 02/01/2020

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