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Madras High CourtWP/2764/2024disposed of

Prof.I.Elangovan v. The State Of Tamil Nadu

2024-02-12Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2764 of 2024 and W.M.P.No.3027 of 2024 Prof.I.Elangovan ... Petitioner Vs.

1.The State of Tamil Nadu Represented by the Deputy Superintendent of Police, Katpadi Division, Katpadi 632 007, Vellore District.

2.The Inspector of Police, Katpadi Circle, Thiruvalam Police Station, Thiruvalam, Vellore District.

3.The Sub-Inspector of Police, Thiruvalam Police Station, Thiruvalam, Katpadi, Vellore District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned permission denial order R.C. No.Ka.Thu. Ve.Sa. O/ 2024 dated 02.01.2024 issued by the 3rd Respondent Sub Inspector of police, quash the same and consequently direct the Respondents to permit the petitioner to

release the said Book on any date to be fixed by this Court on 14.02.2024 between 10.00 a.m. and 01.00 p.m in front of the Main Gate of the Thiruvalluvar University or on any other date with the same timing.

For Petitioner : Ms.E.Pozhil Klavenil For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This writ petition has been filed challenging the impugned refusal order in R.C. No.Ka.Thu. Ve.Sa. O/ 2024 dated 02.01.2024 issued by the 3rd respondent and for a consequential direction to the respondents to permit the petitioner to release the book in front of the main gate of Thiruvlluvar University. 2.This Court has carefully considered the submissions made by the learned counsel for the petitioner and also the learned Additional Public Prosecutor appearing on behalf of the respondents.

3.The petitioner was State Vice-President of the Association of University Teachers, Tamilnadu and was also the Secretary of the Thiruvalluvar University Coordination Committee. He had also served as a Academic Council Member in the University of Madras and also in Thiruvalluvar University.

4.The petitioner is functioning as a social activist and he wanted to expose large scale corruption and corrupt activities that has taken place in the University. In view of the same, the petitioner wanted to collect all the representations made by him pointing out to the corruption that is prevailing in Thiruvalluvar University and publish it as a book. The book is titled as The Hanky Panky that is going on in Thiruvalluvar University.

5.The petitioner submitted a representation seeking for permission and police protection to release the book in front of the main gate of the Thiruvalluvar University. On receipt of the representation, through the impugned proceedings dated 02.01.2024, the 3rd respondent refused to grant permission. The same has been made a subject matter of challenge in this writ petition. 6.In the considered view of this Court, the main objection seems to be the venue that has been chosen by the petitioner for releasing the book. The petitioner wants to release the book near the main gate of Thiruvalluvar University. The police apprehends that if this is permitted, there is all possibility of a law and order problem from the staff of the Thiruvalluvar University. This apprehension raised by the police is not unfounded. The petitioner wants to expose the corruption in the

University and obviously, it will be resisted by the staff belonging to the University.

7.In view of the above, it is left open to the petitioner to make a fresh representation to the 3rd respondent seeking for the release of book in any other place/venue. On receipt of the same, the 3rd respondent shall grant permission and police protection subject to imposing reasonable conditions. Ultimately, it is not the manner in which the book is released, but the contents of the book which must be read by the general public and only then, the petitioner will be able to fulfill his objective in exposing corruption.

8.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 12.02.2024 Index : Yes/No Internet : Yes/No ssr To 1.The Deputy Superintendent of Police, Katpadi Division, Katpadi 632 007, Vellore District.

2.The Inspector of Police, Katpadi Circle, Thiruvalam Police Station, Thiruvalam, Vellore District.

3.The Sub-Inspector of Police, Thiruvalam Police Station, Thiruvalam, Katpadi, Vellore District.

4.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH , J.

ssr W.P.No.2764 of 2024 and W.M.P.No.3027 of 2024 12.02.2024