R.Nithiyanandam v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R. Nithiyanandam S/o. L.S. Rajan .. Petitioner Vs.
The State represented by:
The Inspector of Police, H-6 Dr. R.K. Nagar Police Station, Chennai District - 600 021.
..Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records in order dated 09.01.2024 passed by the respondent and quash the same as illegal and consequently direct the respondent to permit the petitioner to conduct public meeting on 19.01.2024 or any other future date at Sunnambu Kalvai, R.K. Nagar, Chennai in pursuance of representation dated 09.01.2024.
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For Petitioner : Mr. M. Mohamed Riyaz For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****
O R D E R
This Writ petition has been filed challenging the order passed by the respondent through Proceedings dated 09.01.2024 and for a consequential direction to the respondent to permit the petitioner to conduct public meeting on 19.01.2024 or any other future date at Sunnambu Kalvai, R.K. Nagar, Chennai.
2. Heard Mr. M. Mohamed Riyaz, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.
3. The respondent has rejected the permission sought for by the petitioner on the ground that the place, which was identified by the petitioner is not a place which is allotted for conducting any public meeting. 2/7
4. The petitioner, thereafter, gave yet another representation by giving an alternate place at Ilaya Street, backside of Thilagar Nagar and the said representation was also rejected on the ground that this place is not identified for conducting public meeting.
5. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing on behalf of the respondent submitted that there are certain places which have been identified for public meetings and street corner meetings at R.K. Nagar. It is only in those places, permission will be given for conducting meeting. The learned Additional Public Prosecutor also submitted that in the very same place, where the petitioner has identified, a temporary permission was given only for the distribution of the relief materials to the affected people during heavy rains at Chennai.
6. The following places have been identified for the public meeting and the street corner meeting at R.K. Nagar.
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PUBLIC MEETING PLACES S.
No.
District Range P.S.
Meeting Place 1.
WPT WPT H-3 Seni Amman Koil Street near Market 2.
WPT WPT H-4 Manappan St x Ekambaram Street Junction 3.
WPT WPT H-6 Vaithiyanathan Bridge Junction WPT WPT H-6 KNS Depot 5.
WPT TVT H-5 TH Road, AE Koil Junction 6.
WPT RPM N-2 St. Xavier Street near Jeevarathinam HB Market 7.
WPT RPM N-2 C.G. Colony Main Road 8.
WPT RPM N-2 P.P.Amman Koil Street 9.
PUL MKB P-6 Thoppai Vinayagar Koil Street, Ezhil Nagar.
STREET CORNER MEETING PLACES S.
No.
District Range P.S.
Meeting Place 1.
WPT WPT H-3 Mayor Basudev Street 2.
WPT WPT H-4 Manappan Street and M.S. Naidu Street Junction 3.
WPT WPT H-4 Ramanujakoodam Street 4.
WPT WPT H-6 Vinoba Nagar & Nethaji Nagar Main Road Junction 5.
WPT WPT H-6 Sunambu Kalvai & Manali Salai Junction 6.
WPT WPT H-6 Bharathi Nagar Main Street 7.
WPT WPT H-6 C B Road & Ambedkar Nagar 3rd Street Junction 8.
WPT TVT H-5 Cheriyan Nagar Main Road 9.
WPT TVT H-5 VOC Nagar Near Auto Stand 4/7
S.
No.
District Range P.S.
Meeting Place 10.
WPT TVT H-5 TH Road, near Apollo Hospital 11.
WPT RPM N-2 Old Amaranjipuram & Thandaravarayan Street Junction 12.
WPT RPM N-2 S.N. Road & Kasipuram B-Block Bus Stop 13.
WPT RPM N-2 Kasimanagar 1st Street & St. Xavier Street Junction 14.
WPT RPM N-2 S.N. Road & A.J. Colony Junction.
7. The police have identified the above places and it is not possible for this Court to direct the police to grant permission in any other place. It is made clear that irrespective of the political party seeking for permission to conduct meeting at R.K. Nagar, the police shall grant permission only if the meetings are held at the identified places mentioned supra.
8. The learned counsel for the petitioner submitted that the petitioner will make a fresh representation to the respondent police to conduct the meeting at T.H. Road, A.E. Koil Junction. This place is one of the places that is ear-marked for conducting public meeting. Hence, on receipt of the representation from the petitioner, necessary permission shall be granted by 5/7
the respondent police by imposing reasonable conditions.
9. This Writ petition is disposed of with the above directions. No costs.
12.01.2024 Index : Yes/No Internet : Yes/No mjs Note : Issue order copy today To 1.The Inspector of Police, H-6 Dr. R.K. Nagar Police Station, Chennai District - 600 021.
2.The Public Prosecutor, High Court of Madras, Madras.
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N.ANAND VENKATESH, J mjs 12.01.2024 7/7