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Madras High CourtWP/1435/2025allowed

E.Govindarajan v. The State Rep. By

2025-01-17Honourable Mr Justice G.R.Swaminathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN E.Govindarajan S/o.Ekambaram

...Petitioner

Vs.

The State Rep. by the Inspector of Police (Law & Order) T-8, Guduvancherry Police Station Guduvancherry.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order in Na.Ka.No.01/T8PS/Thaa.Maa.Kaa/2025 dated 04.01.2025 passed by the respondent and quash the same and consequently, direct the respondent to grant permission to the petitioner to conduct demonstration at Sub-Registrar Office, Guduvancherry around 10 p.m. to 1 p.m.

For Petitioner :

Mr.S.Parthasarathi For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Page Nos.1/4

O R D E R

Heard Mr.S.Parthasarathi, learned counsel for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate (Crl.Side) for the respondent.

2. The petitioner wants to raise a public grievance by conducting a public demonstration, he requested the respondent to permit to do so in front of the Sub-Registrar Office, Guduvancherry and the petitioner's request was rejected by order dated 04.01.2025. Challenging the same, the present writ petition has been filed.

3. The learned Government Advocate (Crl.Side) informs this Court that the place and venue chosen by the petitioner is not the usual place where public demonstration has been conducted. He further adds that there is a School located near the place chosen by the petitioner for public demonstration.

4. If the petitioner is directed to conduct public demonstration, it would definitely cause nuisance to the general public. Therefore, I sustain the order impugned in this writ petition. However, the respondent herein is directed to permit the petitioner to hold the public Page Nos.2/4

demonstration on any date next week at the place which is usually earmarked for public demonstration.

This Writ Petition is allowed on these terms. There shall be no order as to costs.

17.01.2025 Speaking Order/Non-speaking order Index: Yes/No Internet: Yes/No mk / ms To

1. The Inspector of Police (Law & Order) T-8, Guduvancherry Police Station Guduvancherry.

2. The Public Prosecutor, High Court, Madras.

Page Nos.3/4

G.R.SWAMINATHAN, J., mk / ms 17.01.2025 Page Nos.4/4