S.Chitrarasu v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-10-2017
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Writ Petition No.20799 of 2017 S.Chitrarasu ... Petitioner Vs.
1.The Commissioner of Police O/o.The Commissioner of Police Coimbatore City, Coimbatore District.
2.The Deputy Commissioner of Police O/o. The Deputy Commissioner of Police Coimbatore City (Law and Order) Coimbatore District.
3.The Inspector of Police (L & O) D3-Pothanur Police Station Coimbatore, Coimbatore District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records relating to the rejection order in Na.Ka.No.1057/A/Kaa.Thu.Aa/L.O/Coim.Dist./2017 dated 26.07.2017 passed by the 2nd Respondent and quash the same and also direct the Respondents to grant permission for conducting a Meeting to commemorate '115th Birth Anniversary of Kalvi Vallal Kamarajar' at Periyar Thidal, Kamarajar Nagar, Pothanur on 12.08.2017 or any other subsequent date as fixed by this Hon'ble Court. For petitioner :Mr.S.Kumara Devan For Respondents :Mr.P.Govindarajan Additional Public Prosecutor
O R D E R
This writ petition is filed seeking to quash the rejection order in Na.Ka.No.1057/A/Kaa.Thu.Aa/L.O/Coim.Dist./2017 dated 26.07.2017 passed by the 2nd Respondent and also direct the respondents to grant permission for conducting a Meeting to commemorate '115th Birth Anniversary of Kalvi Vallal Kamarajar' at Periyar Thidal, Kamarajar Nagar, Pothanur on 12.08.2017 or any other subsequent date.
2.Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents.
3.The petitioner's earlier request for conducting the meeting to commemorate '115th Birth Anniversary of Kalvi Vallal Kamarajar' at Periyar Thidal, Kamarajar Nagar, Pothanur on 12.08.2017 came to be rejected on the ground that when the petitioner was granted permission to conduct the meeting on an earlier occasion, they had violated the terms and conditions and there were also some untoward incidents reported.
4.Mr.S.Kumara Devan, learned counsel for the petitioner however submits that there was no such violation and that in case the petitioner is granted permission to conduct the meeting now, they will undertake to abide by the terms and conditions imposed by the police and will not violate the same.
5.In my view, it would be appropriate that the petitioner should be permitted to conduct the said meeting.
6.In the result, the Writ Petition is allowed and the rejection order order in Na.Ka.No.1057/A/Kaa.Thu.Aa/L.O/Coim.Dist./2017 dated 26.07.2017 is set aside. The petitioner is given liberty to approach the third respondent seeking for permission to conduct the meeting to commemorate '115th Birth Anniversary of Kalvi Vallal Kamarajar' at Periyar Thidal, Kamarajar Nagar, Pothanur, and on receipt of such representation, the third respondent herein shall consider it favorably and accord permission for conducting the meeting. While granting such permission, it would be open for the third respondent to impose certain restrictions by way of terms and conditions and also stipulate the place, time and other conditions therein. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rm To 1.The Commissioner of Police O/o.The Commissioner of Police Coimbatore City, Coimbatore District.
2.The Deputy Commissioner of Police O/o. The Deputy Commissioner of Police Coimbatore City (Law and Order) Coimbatore District.
3.The Inspector of Police (L & O) D3-Pothanur Police Station Coimbatore, Coimbatore District.
4.The Public Prosecutor, High Court, Madras.
+1 CC to Mr.S.Kumara Devan, Advocate SR.No.73141 +1 CC to The Government Pleader SR.No.73724 COths : 28.10.2017 Writ Petition No.20799 of 2017