Madras High Court
The Secretary To The Government vs Durai Sankar on 10 July, 2023
W.A.Nos.1503 and 1524 to 1529 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.Nos.1503 and 1524 to 1529 of 2014 and
M.P.No.1 and 2 of 2014
W.A.No.1503/2014
1. The Secretary to the Government, Home Department,
Government of Tamil Nadu, Fort St. George,
Chennai600 009.
2. The Director General of Police, Mylapore,
Chennai 600 004.
3. The Commissioner of Police,
Egmore, Chennai 600 008. ... Appellants
Vs.
Durai Sankar ... Respondent
Prayer in W.A.No.1503 of 2014: Writ Appeal filed under Section 15 of
Letters Patent to set aside the order passed by this Court in W.P.No.28677
of 2014 dated 7.11.2014.
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W.A.Nos.1503 and 1524 to 1529 of 2014
For Appellants : Mr.U.M.Ravichandran, Spl.Govt.Pleader
For Respondent : Mr.B.Rabu Manohar
COMMON JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This Intra Court Appeals have been filed, challenging the common
order passed by this Court in W.P.Nos.28677 to 28683 of 2014 dated
7.11.2014 by the Government.
2. All the writ petitions have been filed to permit the writ petitioners
and the members of the Rashtriya Swayam Sevak Sangh to conduct the
procession (route march) at various places on 09.11.2014. The above writ
petitions were allowed by the learned Single Judge, directing the appellants
herein to grant permission to the writ petitioners to take out processions in
the routes specified by the appellants herein and to hold public meetings in
the places earmarked by the appellants herein, with some reasonable
restriction, as they deem fit and proper. Challenging the above said
common order, this intra court appeals have been filed by the Government.
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W.A.Nos.1503 and 1524 to 1529 of 2014
3. The learned Special Government Pleader appearing for the
appellants submitted that the prayer sought for in the writ petitions itself has
become infructous and hence, the prayer sought for in the writ appeal also
has become infructous and nothing survives for further adjudication.
4. The learned counsel for the respondents/writ petitioners also fairly
submitted that the issue involved in the writ petition is no longer required
for re-adjudication.
5. It is brought the notice of this Court to the decision of the Hon'ble
Supreme Court in State of Karnataka Vs. Praveen Bhai Thogadia (r.),
reported in (2004) 4 SCC 684, wherein, it is stated as follows.
6. Courts should not normally interfere with matters relating to law
and order which is primarily the domain of the administrative
authorities concerned. They are by and large the best to assess and
to handle the situation depending upon the peculiar needs and
necessities within their special knowledge".
6. The issue involved in the writ petition has already been decided by
the Hon'ble Apex Court as stated supra. In any event, we are not going in to
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W.A.Nos.1503 and 1524 to 1529 of 2014
the merits of the case and since permission was granted to conduct
procession on 09.11.2014, now the prayer sought for in the writ appeal has
become infructous and nothing survives for further adjudication.
7. Accordingly, all the writ appeals are dismissed as infructous. No
costs. Consequenty, connected miscellaneous petitions are closed.
(D.K.K.J.) (P.B.B.J.)
10.07.2023
Internet: Yes/No
Index : Yes/No
mst
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W.A.Nos.1503 and 1524 to 1529 of 2014
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.Nos.1503 and 1524 to 1529 of 2014
10.07.2023
https://www.mhc.tn.gov.in/judis
