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W.P.No.1544 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2025 CORAM THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.1544 of 2025 K.Sarath Kumar ... Petitioner vs.
1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai.
2. The Assistant Engineer, Zone-8, Greater Chennai Corporation, Shenoy Nagar, Chennai.
3. The Thasildar, O/o.Shenoy Nagar, Thasildar Office, Chennai.
4. The Deputy Commissioner of Police, O/o.Deputy Commissioner of Police, Anna Nagar Range, Chennai.
5. The Inspector of Police, K-3, Amanthakarai Police Station, Chennai. .. Respondents ____________ Page No.1 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1544 of 2025 Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 3 to grant permission for hosting the party flags at Thiruveethi Amman Kovil Street, Aminjakarai Chennai in pursuant to the petitioner's representation dated 18.07.2024. For Petitioner : Mr.P.Muthamizhselvakumar For R1 & R2 : M/s.K.Aswini Devi Standing Counsel For R3 to R5 : Mr.M.Rajendiran Addl.Govt.Pleader
ORDER By consent, the Writ Petition is taken up and disposed of at the admission stage itself. 2. The present writ petition has been filed to issue a writ of mandamus directing the respondents 1 to 3 to grant permission of laid, hosting the party flags at Thiruveethi Amman Kovil Street, Aminjakarai Chennai in pursuant to the petitioner's representation dated 18.07.2024. ____________ Page No.2 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1544 of 2025
3. It is the case of the petitioner that he is functioning as a District Secretary in Advocate's wing of Thamizhaga Vettri Kazhagam and functioning for development of the socially deprived people in the locality of Thiruveethi Amman Kovil Street, Aminjakarai, Chennai in the corner place of the street there are so many political parties laid their own party flags in order to establishment of party functioning. In the corner place of the street, there was no traffic or any other public disturbance as a party cadre take steps to laid the flags on the said place, but the second respondent there was no permission to laid the flags on the said place. Hence, the petitioner had sent a detailed representation dated 18.07.2024 to the respondents and the same was not considered till date. Aggrieved by the same, the petitioner has filed the present writ petition before this Court. 4. The learned counsel appearing for the petitioner submitted that the respondents 1 to 3 were granting permission for hoisting the flags at Thiruveethi Amman Kovil Street, Aminjakarai, Chennai. The petitioner has submitted a representation dated 18.07.2024 to the first respondent requesting to grant permission to hoist the flags. Subsequently, the ____________ Page No.3 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1544 of 2025 petitioner has also given a reminder dated 09.08.2024 to the Executive Engineer, Zone-8, Greater Chennai Corporation, Shenoy Nagar, Chennai to take action on the said representation. Even on such receipt of the same, the first respondent did not take any action till date. 5. The learned Standing Counsel appearing for the first and second respondent submitted that there is no provision under the Chennai City Municipal Corporation Act, 1919 to grant permission to hoist the flags of the political parties. The representation of the petitioner dated 18.07.2024 and the subsequent reminder does not contain acknowledgment receipt of the petitioner.
Therefore, the petitioner may give a fresh representation to the first respondent and the same will be considered in accordance with law within a time frame stipulated by this Court. 6. Heard the learned counsel appearing on either side and also perused the materials available on records. 7. In view of the submissions made by the learned Standing Counsel appearing for R1 and R2, the petitioner is directed to give a fresh ____________ Page No.4 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1544 of 2025 representation to the first respondent along with a copy of this order within a period of two weeks from the date of receipt of a copy of this
order. On such receipt of the same, the first respondent is directed to consider the same after giving due notice to the petitioner, affording an opportunity of personal hearing, on merits, in accordance with law, and pass appropriate orders, within a period of eight weeks thereof.
8. This writ petition stands disposed of with the above direction. No costs. 03.02.2025 Index : Yes/No. Internet : Yes/No. Neutral Citation : Yes/No Speaking : Non-speaking Order kkd To
1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai.
2. The Assistant Engineer, Zone-8, Greater Chennai Corporation, Shenoy Nagar, Chennai. ____________ Page No.5 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.1544 of 2025 J.SATHYA NARAYANA PRASAD, J. kkd
3. The Thasildar, O/o.Shenoy Nagar, Thasildar Office, Chennai.
4. The Deputy Commissioner of Police, O/o.Deputy Commissioner of Police, Anna Nagar Range, Chennai.
5. The Inspector of Police, K-3, Amanthakarai Police Station, Chennai. W.P.No.1544 of 2025 03.02.2025 ____________ Page No.6 of 6 https://www.mhc.tn.gov.in/judis