Varaaki v. The Chief Secretary
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 2019 and W.M.P.No.36634 of 2019 W.P.No.35712 of 2019 Varaaki S/o.Radhakrishnan Founder and President Indian Makkal Mandram No.2/3, Sudhananda Bharathi Street, Ganapathipuram, East Tambaram, Chennai-600 059.
... Petitioner -vsThe Chief Secretary, The Home Secretary, The Director General of Police, O/o.The Director General of Police Mylapore, Chennai-600 004.
The Commissioner of Police, Greater Chennai Police Commissionarate Veppery, Chennai-600 007.
... Respondents Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of Mandamus, forbearing the respondents herein from giving any kind of permission to the unlawful demonstration to be conducted on 23.12.2019 by the Opposition Parties in the State of Tamil Nadu. 1/6
For Petitioner : Mr.B.Janakiram For Respondents : Mr.V.Jayaprakash Narayanan Govt. Pleader W.P.No.35713 of 2019 A.Ezhilarasu S/o.Arunachalam 97, APH Road, Ezil Rajkumar Illam, Avadi, Chennai-600 054.
... Petitioner -vsMr.M.K.Stalin S/o.(late) Hon'ble Dr.Kalaignar M.Karunanidhi President, Dravida Munnetra Kazhagam Political Party, Anna Arivalayam, 389, Anna Salai, Rostrevor Garden, Teynampet, Chennai-60 017.
Mr.Vai.Gopalasamy M.P., General Secretary Marumalarchi Dravida Munnetra Kazhagam Political Party, Thayagam, 8/143, Rukmani Lakshmimathy :Road, Egmore, Chennai-600 008 Mr.Thol Thirumavalavan M .P., Founder President Viduthalai Chiruthaigal Katchi VCK Head Quarters, 2nd Avenue TNHB Colony Velacherry Chennai-600 042.
The Secretary Communist Party of India (Marxist) PR Ninaivagam Vaidyaram Street, Parathasarathi Puram T.Nagar, Chennai-600 017.
5.
The Secretary, India :Communist party 86 Kilpauk Garden Road T.P.Chaitiiram Main Road Jyothi Ammal Nagar Shenoy Nagar Chennai-600 010.
2/6
6.
Mr.Kamal Hassan Founder President Makkal Needhi Maiam 4 Eldams Road Vannia Teynampet Alwarpet Chennai-600 018 7.
Mr.K.S.Alagiri President Tamil Nadu Chapter Tamilnadu Congress Committee Satyamurthy Bhavan 40 Thiruvika Salai Chennai- 600 002.
8.
K.M.Kadar Mohaideen Maraikayar Labbai Street Chennai.
9.
Mr.M.H.Jawahirullah Founder President 6-7 Vada Maracoir Street Seethakadi Nagar George Town, Chennai 600 001.
10.
E.R.Easwaran M.P., Secretary General Kongunadu Makkal Desiya Katchi Administrative office 46 Sampath Nagar, Erode.
11.
T.R.Parivendhar @ Dr.TR.Pachamuthu, M.P., President Indhiya Jananayaga Katchi 20/4 Prakasarar Salai Janaki Nagar Valasara Vakkam Chennai-600 087 12.
Mr.Thamimun Ansari M.L.A., General Secretary Manitha Neya Jananayaga Katchi 26, Kalitheru, Thoppudurai Post Vedharanyan Taluk, Nagapattinaum District 3/6
13.
The General Secretary Social Democratic Party of India, (SDPI) 4/7, Ibrahim Sahib Street, Seethakadi Nagar, Mannady, Chennnai-1.
14.
The Chief Secretary Govt of Tamilnadu Secretariat, Fort St George 15.
The Director General of Police State Police Head Quarters Government of Tamil Nadu Secretariat, Fort St.George 16.
The Commissioner of Police Greater Chennai Vepery, Egmore Chennai-600 008.
17.
The Commissioner, Greater Chennai Municipal Corporation, Chennai ... Respondents Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of Mandamus, directing the 15th and 16th respondents not to permit the 1st to 13th respondents to conduct the scheduled rally / procession / protest on 23.12.2019 as against the Citizenship (Amendment) Act, 2019 since the same kind of held procession in Delhi, Karnataka, U.P., Assam turned violent and affected the Normal Tempo of life, in the larger interest of public, public properties and to protect the law and order on the basis of The Newspaper Report published in Dinamalar Tamil Daily dated 21.12.2019.
For Petitioner : Mr.R.Krishnamurthy For R14 to R17 : Mr.V.Jayaprakash Narayan Govt. Pleader ****** 4/6
C O M M O N O R D E R S.VAIDYANATHAN,J., AND P.T.ASHA,J., The petitioners seek to forbear the Official respondents from giving any kind of permission to the unlawful demonstration to be conducted on 23.12.2019 by the Opposition Parties in the State of Tamil Nadu, more particularly, the respondents 1 to 13 in W.P.No.35713 of 2019 as against the Citizenship (Amendment) Act, 2019.
2. When the matters are taken up for hearing, it is represented by the learned Government Pleader that the relief sought for in these Writ Petition is no longer in existence in view of the fact that the respondents 1 to 13 in W.P.No.35713 of 2019 have conducted rally illegally without obtaining proper permission from the Police and therefore, necessary action has been initiated against the persons, who have headed the procession and also against volunteers of the Political parties.
3. In view of the above submission, we are of the view that nothing survives for further adjudication in these petitions and no purpose would serve in keeping these matters pending forever. Hence, these Writ Petitions stand closed. At the same time, this Court do not want to express any opinion with respect to the conduct of rally by the Political parties, despite issuance of refusal order by the Police and it is for the Police to proceed further in accordance with law. No costs. Consequently, connected miscellaneous petitions is also closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To:
The Chief Secretary, 5/6
The Home Secretary, The Director General of Police, O/o.The Director General of Police Mylapore, Chennai-600 004.
The Commissioner of Police, Greater Chennai Police Commissionarate Veppery, Chennai-600 007.
5.
The Commissioner, Greater Chennai Municipal Corporation, Chennai.
+3cc to Mr.B.Janakiram, Advocate sr.172 +1cc to Government Pleader SR.NO. 10689 W.P.Nos.35712 & 35713 of 2019 ad(co) nr 02/01/2020 6/6