Velyathirai case full order WP.No.16115/2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 07.11.2020 CORAM THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.16115/2020 & WMP.Nos.20086 & 20087/2020 K..Nagarajan .. Petitioner Versus

[11/8, 10:24] Sekarreporter 1: WP.No.16115/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.11.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
WP.No.16115/2020 & WMP.Nos.20086 & 20087/2020
K..Nagarajan .. Petitioner
Versus
1.Union of India
represented by Union Home Secretary
and Chairman, National Executive Committee [NEC]
Ministry of Home Affairs,
New Delhi 110 001.
2.State of Tamil Nadu
represented by Chief Secretary
Secretariat, Chennai 600 009.
3.The Director General of Police
Mylapore, Chennai 600 004. .. Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorarified mandamus calling
for the records on the file of the 2
nd respondent in II Clause [vii] of
G.O.Ms.No.613 dated 31.10.2020 insofar as it relates to persons going
for the Vel-Yatra and to quash the same as illegal, incompetent and
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without jurisdiction and further, in the larger interest of the participating
public, to direct the 2
nd and 3rd respondent to issue appropriate order to all
the District Police Officers to facilitate free movement of Vel yatra
conducted by the petitioner between 08.11.2020 to 06.12.2020.

For Petitioner : Mr.V.Ragavachari for
Mr.R.C.Paul Kanagaraj
For R1 : Mr.R.Sankaranarayanan
Additional Solicitor General of
India assisted by
Mr.Rabu Manohar
Senior Panel Counsel for Central
Government
For R2 : Mr.Vijay Narayan
Advocate General assisted by
Mr.V.Jayaprakash Narayan
Government Pleader
For R3 : Mr.S.R.Rajagopal
Additional Advocate General
ORDER
[Order of the Court was made by M.SATHYANARAYANAN]
(1)Heard the submissions of Mr.V.Ragavachari, learned counsel
appearing for the petitioner ; Mr.Rabu Manohar, learned Senior Panel
Counsel for the Central Government who accepts notice on behalf of
the 1st respondent ; Mr.V.Jayaprakash Narayan, learned Government
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[11/8, 10:24] Sekarreporter 1: WP.No.16115/2020
likelihood of second wave of COVID-19 infection and the onset of
monsoon as well as the anniversary of Babri Masjid demolition day
also falls on 06.12.2020, the Revenue as well as Law and Order
machinery would be put to maximum stress and since the
representation is bereft of any particulars, it is for the local
Superintendents of Police to take a call as to the prayer made by the
petitioner.
(7)Mr.S.R.Rajagopal, learned Additional Advocate General appearing for
the 3
rd respondent would submit that the State vice President did visit
Tiruttani temple with lot of followers and they did not adhere to the
COVID – 19 protocol and in the event of intervention by police to
enforce the same, there is a likelihood of law and order problem and it
is ultimately for the police machinery to take a blame and also adopted
the arguments of the learned Advocate General as to the insufficiency
of the particulars submitted by the petitioner in the representation
dated 04.11.2020.
(8)In response to the said submission, the learned counsel for the
petitioner prays for short accommodation so as to enable him to get
further instructions to come out with a further detailed representation
supported by an additional affidavit along with the documents.
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(9)Call on 10.11.2020 IN THE MOTION LIST.
(10)Registry to print the names of Mr.R.Sankaranarayanan, learned
Additional Solicitor General of India assisted by Mr.Rabu Manohar,
learned Senior Panel Counsel for the Central Government / 1
st
respondent ; Mr.Vijay Narayan, learned Advocate General assisted by
Mr.V.Jayaprakash Narayan, learned Government Pleader appearing for
the 2nd respondent and Mr.S.R.Rajagopal, learned Additional Advocate
General appearing for the 3rd respondent.
[MSNJ] [RHJ]
07.11.2020
AP
Internet:Yes
To
1.Union Home Secretary
and Chairman, Union of India
National Executive Committee [NEC]
Ministry of Home Affairs,
New Delhi 110 001.
2.The Chief Secretary
State of Tamil Nadu
Secretariat, Chennai 600 009.
3.The Director General of Police
Mylapore, Chennai 600 004.
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