A.Tamil Vendhan v. The Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.18701 of 2025 A.Tamil Vendhan ... Petitioner Vs.
1. The Assistant Commissioner of Police, KVR Nagar Range, Tiruppur City, Tiruppur District.
2. The Inspector of Police, Tiruppur North Police Station, Tiruppur, Tiruppur District.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the order made in Na.Ka.No.34/ACP-KVU-N/TPC/2025 dated 22.2.2025 passed by the first respondent and to quash the same and consequently to direct the petitioner to conduct demonstration near Corporation Office, Tiruppur Municipality on any other date.
For Petitioner : Mr.B.Mohan For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
This Writ Petition has been filed seeking to issue a Writ of Certiorarified Mandamus to call for the records of the order made in Na.Ka.No.34/ACP-KVU-N/TPC/2025 dated 22.2.2025 passed by the first respondent and to quash the same and consequently to direct the petitioner to conduct demonstration near Corporation Office, Tiruppur Municipality on any other date.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent- Police and perused the materials available on record.
3. The petitioner made a representation dated 15.02.2025 before the second respondent-Police seeking permission and Police protection to conduct peaceful demonstration regarding frequent attacks made by
the anti-social elements against the SC/ST people and to make necessary amendment in the SC/AT(PoA) Act, 2015. The first respondent had passed the impugned order rejecting the permission to conduct demonstration stating the reason that the proposed venue is a busy area and it would likely cause disruptions to the traffic and public movement. Though the first respondent-Police refused to grant permission to conduct the demonstration/protest, it is the duty of the respondent-Police to identify or accommodate alternative place to conduct meeting/procession/demonstration/protest as the case may be, to the political organisation or voluntary organisation. Either Police or the Government cannot totally refuse or prevent the person/organisation to conduct either meeting /procession /protest/ demonstration.
4. The impugned order passed by the first respondent-Police is quashed. The respondent-Police is directed to identify the alternative place and give intimation to the petitioner.
5. With the abovesaid direction, this Writ Petition is disposed of. No costs.
04.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To
1. The Assistant Commissioner of Police, KVR Nagar Range, Tiruppur City, Tiruppur District.
2. The Inspector of Police, Tiruppur North Police Station, Tiruppur, Tiruppur District.
3. The Public Prosecutor, High Court, Chennai.
P.VELMURUGAN, J mfa W.P.No.18701 of 2025 04.06.2025