Madras High Court
The Secretary To Government vs Dravidar Kazhagam on 29 October, 2021
W.A.No.636 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.636 of 2015
and M.P. No.1 of 2015
1. The Secretary to Government,
Home Department,
Government of Tamil Nadu,
Fort St.George, Chennai 600 009.
2. The Commissioner of Police,
Greater Chennai,
Vepery, Chennai 600 007.
3. The Assistant Commissioner of Police,
Vepery Range, Chennai 600 007 ... Appellants
vs
Dravidar Kazhagam,
Rep by its Vice President,
Mr.Kali Poongundran,
S/o.Mr.M.Kandasamy,
84/1(5), EVK Sampath Salai,
Vepery, Chennai 600 007 ... Respondent
Prayer: Writ Appeal filed under clause 15 of the Letters Patent against the order
dated 13.04.2015 made in W.P.No.10804 of 2015 on the file of this Court.
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1/4
W.A.No.636 of 2015
For Appellants : Mr.R.Shanmugasundaram,
Advocate General,
assisted by
Mr.T.Arunkumar
Government Advocate
For Respondent : Mr.A.Thiyagarajan,
Senior Counsel
for Mr.D.Veerasekaran
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
The Secretary to Government, Home Department and two others filed the
present appeal, questioning the correctness of the impugned order dated
13.04.2015 passed by the learned Single Judge in W.P. No.10804 of 2015,
wherein the appellants were directed to give adequate protection to conduct the
programme relating to 125th Birth Anniversary of Dr.Ambedkar and other
programmes in a peaceful manner.
2.It is seen from records that the respondent/writ petitioner organised a
private function to be held within the premises of their head office at 84/1, (50),
EVK Sampath Salai, Vepery, Chennai – 600 007 to celebrate 125th birth
anniversary of great freedom fighter and father of Indian Constitution
Dr.B.R.Ambedkar, who fought for the rights and welfare of the downtrodden and
socially backward classes of people throughout his life and in the course of
events, awareness programs like voluntary removal of thali by the self respect
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W.A.No.636 of 2015
couples and eating of beef were organised. Therefore, a letter dated 29.03.2015
was served to the Commissioner of Police, Chennai and the Assistant
Commissioner of Police, Vepery by Proceedings dated 12.04.2015, prohibited the
writ petitioner from performing the function on 14.04.2015 that was challenged in
the writ petition. However, the learned Single Judge, by order dated 13.04.2015,
quashing the impugned order dated 12.04.2015, permitted the writ petitioner to
conduct the programmes peacefully with a further direction to the respondents
police therein to give adequate police protection to conduct the programmes in a
peaceful manner in terms of the judgment of the Apex Court cited therein, as
guaranteed under Article 19(1)(a) and 1(b) of the Constitution of India.
3.When the matter is taken up today, the writ petition has become
infructuous for the reason that the programme scheduled to be held on 14.04.2015,
was conducted peacefully.
4.Mr.R.Shanmugasundaram, learned Advocate General assisted by
Mr.T.Arunkumar, learned Government Advocate appearing for the appellants
submitted that this appeal has become infructuous, since the writ petitioner
proceeded with the function on 14.04.2015 and nothing survives now, therefore,
the appeal may be dismissed.
https://www.mhc.tn.gov.in/judis
W.A.No.636 of 2015
T.RAJA,J.
and
D.BHARATHA CHAKRAVARTHY,J.
vga
5.As the function was already held by the writ petitioner on 14.04.2015,
nothing survives for adjudication as submitted by the learned Advocate General
appearing for the appellants. Accordingly, the writ appeal is dismissed as
infructuous. Consequently, M.P. No.1 of 2015 is closed. No costs.
[T.R.,J.] [D.B.C.,J.]
29.10.2021
vga
Note: Issue order copy on 02.12.2021
W.A.No.636 of 2015
and M.P. No.1 of 2015
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