R.Rajakeerthi, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2019
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.4470 of 2019 R.Rajakeerthi, S/o.Rajangam, All People Liberation Party State Organizer, Mummudicholagan Kathazhai Post, Virudhachalam Taluk, Cuddalore District - 606 103.
... Petitioner Vs.
1. The Superintendent of Police, Villupuram District, Villupuram.
2. The Deputy Superintendent of Police, Kallakurichi, Villupuram District.
3. The Inspector of Police, G-1, Police Station, Kallakurichi, Villupuram District.
... Respondents Writ petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to grant permission to the petitioner for the demonstration scheduled to be held on 18.02.2019 in front of Dr.Ambedkar Statute, Kallakurchi Katchery Road, Kallamurichi. For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.R.Govindasamy, Special Government Pleader
O R D E R
The present writ petition is filed seeking for a Mandamus directing the 3rd respondent to grant permission to the petitioner for demonstration scheduled to be held on 18.02.2019
in front of Dr.Ambedkar Statute, Kallakurchi Katchery Road, Kallamurichi.
2. The petitioner claims to be the State Organizer of All People Liberation Party. A demonstration is sought to be conducted by the petitioner on 18.02.2019 in the above said place by stating that they want to ventilate certain grievances with regard to the lesser wages and lesser working days given to the Home Guards working under the Tamil Nadu Government. It is stated that the said representation seeking permission to conduct such demonstration was not considered, so far.
3. When the matter is taken up for admission today, the learned Special Government Pleader appearing for the respondents produced a communication dated 14.02.2019 issued by the 3rd respondent informing that the place in which, the petitioner seeks for conducting the demonstration is not an unobjectionable place, as any demonstration in that place would cause disturbance to the public and also to the traffic and consequently, the request made by the petitioner is rejected.
4. Mr.M.Gnanasekar, learned counsel for the petitioner submitted that no such communication is given to the petitioner, so far. In any event, he submitted that the petitioner is willing to conduct the said demonstration in an alternative place viz., Mandaveli by making their fresh application to that effect before the respondents immediately and therefore, the respondents may be directed to consider such request.
5. The learned Special Government Pleader submitted that if the petitioner makes an application indicating the alternative place for such demonstration, the same will be considered and appropriate orders will be passed on merits and in accordance with law.
6. Considering the above stated facts and circumstances, this Writ Petition is disposed of by granting liberty to the petitioner to approach the respondents and make fresh application indicating the alternative place for conducting such demonstration. Since, the demonstration is scheduled on 18.02.2019, the 3rd respondent will consider such request of the petitioner and pass appropriate orders, accordingly, without loss of further time. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsi/vsi
To
1. The Superintendent of Police, Villupuram District, Villupuram.
2. The Deputy Superintendent of Police, Kallakurichi, Villupuram District.
3. The Inspector of Police, G-1, Police Station, Kallakurichi, Villupuram District.
+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.14172 W.P.No.4470 of 2019 NM(CO) CS/18/02/2019