K.Muthu v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.01.2019
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2511 of 2019 K.Muthu, Villupuram District Secretary, United Trade Union Congress, Saravanapakkam & Post, Ulundurpet Taluk, Villupuram District.
.. Petitioner Vs.
1.The Superintendent of Police, Villupuram District, Villupuram.
2.The Inspector of Police, Tiruvennainallur Police Station, Tiruvennainallur, Ulundurpet Taluk.
.. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his letter dated 19.01.2019 and quash the same and thereby direct the respondents to give permission to the petitioner and his party to conduct rally and demonstration in front of the Block Development Office, Tiruvennainallur.
For Petitioner : Mr.N.Suresh For Respondents : Mr.E.Balamurugan Special Government Pleader
O R D E R
The Writ Petition has been filed challenging the letter dated 19.01.2019 on the file of the second respondent and
seeking a direction to the respondents to give permission to the petitioner and his party to conduct rally and demonstration in front of the Block Development Office, Thiruvennainallur.
2. The petitioner claims to be the District Secretary of United Trade Union Congress of Villupuram District. To condemn irregularities that are going on in the Block Development Office, the United Trade Union Congress (UTUC) wanted to conduct a demonstration and rally in front of the Block Development Office, Thiruvennainallur on 23.01.2019 at 11.30 a.m. The same was rejected by the second respondent vide impugned order dated 19.01.2019 reciting law and order problem and that this Court deprecated any kind of rally or procession along with any demonstration. Hence, the Writ Petition is directed against the said order.
3. Thiru.A.Balasubramanian, Sub Inspector of Police, Thiruvennainallur Police Station, Villupuram District is present in the Court and submitted that there was an objection from one Dhandapani and hence, the permission was rejected.
4. Heard, the learned counsel appearing on both sides.
5. The learned counsel for the petitioner conceded that the petitioner and his party members may be permitted to stage demonstration and in such an event, they would not indulge in conducting any rally or procession. The learned Special Government Pleader submits that if the petitioner will stage demonstration alone, the same would be allowed on usual terms and conditions. Though originally demonstration was fixed on 23.01.2019, it is stated that it was now postponed to 31.01.2019. Therefore, the petitioner is permitted only to stage a demonstration in front of the Block Development Office, Thiruvennainallur on 31.01.2019 subject to the conditions that may be imposed by the respondents.
6. With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rsi
To 1.The Superintendent of Police, Villupuram District, Villupuram.
2.The Inspector of Police, Tiruvennainallur Police Station, Tiruvennainallur, Ulundurpet Taluk.
3.The Government Pleader, High Court, Chennai. +1 cc to M/s.N.Suresh, Advocate Sr.No.7797 W.P.No.2511 of 2019 SJ(CO) CSL/31.01.2019