SHANMUGARAJ Vs. DEPUTY SUPERITENDENT OF POLICE TENKASI

JUDGEMENT

(1.) One Shanmugaraj, West District Secretary of Puthiya Thamizhagam Political party, aggrieved by order of the Deputy Superintendent of Police, Thenkasi/first respondent herein dated 6-12-2003, rejecting his request for holding an all party hunger strike under the Presidentship of Puthiya Thamizhagam Founder President Thiru K. Krishnasamy on 10-12-2003 to protest against construction of wall across Karuppanathi river after 1 1/2 km. from the Karuppanathi dam to a height of 4 feet and length across 155 feet near Kadayanallur, has filed the above writ petition to quash the same and direct the respondents to grant permission to the petitioner to hold an all party hunger strike in Quaid-e-Millath Thidal, Kadayanallur, Tirunelveli District.

(2.) According to the petitioner, he is a District Secretary to Tirunelveli west District of Puthiya Thamizhagam political party. Karuppanathi dam comes within the jurisdiction of Kadayanallur Municipality and the water benefits about 72 tanks, more than 100 villages, comprising about 9500 acres of agricultural lands apart from the populaion of over one lakh including the Kadayanallur Town. While so, during October, 2003, a wall for a length of 155 feet and height of 4 feet has been constructed across the Karuppanathi Periaru River on a concrete foundation 5 feet thick after 1 1/2 kms. from the dam with a view to stagnate the water for the benefit of a few land owners adjacent to the said area on both sides of the river. The construction of the wall is arbitrary and illegal. The entire people of the said area irrespective of political or other affiliation have protested against the said wall continuously. His political party have been actively involved in all the protests so far. After mutual consultations among all political parties and organisations except the ruling party it was decided to hold an hunger strike in Kadayanallur Town under the Presidentship of Dr. K. Krishnasamy who is the President of Puthiya Thamizhagam political party and a former member of Legislative Assembly. The petitioner made an application dated 25-11-2003 to the second respondent seeking for permission to hold the hunger strike at the Quaid-e-Millath Thidal in Kadayanallur. The first respondent, by the impugned order dated 6-12-2003, rejected the permission sought for on flimsy and non-existent reasons without affording any opportunity to him; hence the present writ petition.

(3.) Considering the urgency and the issue raised; this Court directed the Government pleader to get instructions. Pursuant to the same, learned Government pleader secured necessary instructions.