College Students And Graduate Association v. Directorate For Welfare Of The Differently Abled
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY College Students & Graduate Association of the Blind - Rep. by its Secretary Ruban Muthu.S (M/23) S/o. R. Sampath, having registered office at No.58, Thakkar Bapa Vidhyalaya Venkat Narayana Road, T. Nagar Chennai - 600 017.
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Petitioner Vs.
1. Directorate for Welfare of the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus Chennai - 600 005.
2. District Differently Abled Welfare Officer DMS Campus, Teynampet, Chennai - 600 018.
3. The Director School Education Department DPI Campus, College Road, Chennai - 600 006.
4. Commissioner of Police Greater Chennai City Police Commissioner's Office E.V.R.Periyar Salai, Chennai - 600 007.
5. Inspector of Police F3, Valluvar Kottam High Road Ponnangipuram, Nungambakkam Chennai - 600 006.
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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing respondents to let graduate blind students to do demonstration in a peaceful manner. For the Petitioner :
Mr.R.Prabhakaran For the Respondents :
Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 to R3 Mr.J.Ravindran Additional Advocate General assisted by Mr.R.Muniyapparaj Additional Public Prosecutor and Mr.M.Sylvester John for R4 and R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.R.Prabhakaran, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by
Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 3 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.R.Muniyapparaj, learned Additional Public Prosecutor and Mr.M.Sylvester John, learned counsel for respondents 4 and 5.
2. The present petition is filed seeking directions against the respondents to allow the peaceful protest of the blind students.
3. No doubt, to protest or to demonstrate is a right. However, the right is to be exercised in a lawful manner.
4. The petitioner is at liberty to apply to the concerned authority for demonstration/protest at an appropriate place, which application shall be considered by the concerned authority on its own merits and in accordance with law. In case some adverse orders are passed, not permitting to protest or demonstrate, the petitioner can agitate against the same.
5. With these observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.4221 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 16.02.2024 Index :
Yes/No :
Yes/No drm
To
1. Directorate for Welfare of the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus Chennai - 600 005.
2. District Differently Abled Welfare Officer DMS Campus, Teynampet, Chennai - 600 018.
3. The Director School Education Department DPI Campus, College Road, Chennai - 600 006.
4. Commissioner of Police Greater Chennai City Police Commissioner's Office E.V.R.Periyar Salai, Chennai - 600 007.
5. Inspector of Police F3, Valluvar Kottam High Road Ponnangipuram, Nungambakkam Chennai - 600 006.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 16.02.2024