V.Paramasivam v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.8284 of 2022 V.Paramasivam ... Petitioner Vs.
1. The Superintendent of Police, The Office of Superintendent of Police, Chengalpattu District.
2. The Assistant Superintendent of Police, The Office of Superintendent of Police, Chengalpattu District.
3. The Inspector of Police, D2, Taluk Police Station, Chengalpattu District.
4. The Inspector of Police, D-1, Town Police Station, Chengalpattu District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, direct the 1st respondent to give permission to the petitioner organization to organize a demonstration and public meeting at Ratinaam Kinaru in Chengalpattu District on 09/04/2022 or any other convenient day including permission to use mike, publish, affix and distribute posters for the said meeting.
For Petitioner : M/s.P.Uma For Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
This petition has been filed seeking to direct the first respondent to give permission to the petitioner/organization to
organize a demonstration and public meeting at Ratinaam Kinaru in Chengalpattu District on 09/04/2022 or any other convenient day including permission to use mic, publish, affix and distribute posters for the said meeting.
2. Today, when the matter is taken up for hearing, it was submitted by the learned Additional Public Prosecutor that the representation of the petitioner to conduct the meeting on 09.04.2022 at Ratinaam Kinaru, near Rajiv Gandh Statue has been rejected by the proceeding of the second respondent in Na.Ka.No.32/Kaa.vu.ka/Se.Vu.Ko/2022 dated 21.03.2022. He further submitted that the place where the petitioner/organisation proposes to conduct the meeting has not been mentioned and also the number of probable persons who would attend the meeting has also not been mentioned and it should not be convened in the place where there is thickly congested people and cause disturbance to free flow of traffic. Further, on account of the prevailing pandemic situation, the respondents have rejected the representation of the petitioner/organization. 3.
At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner/organization has right under the Constitution of India to ventilate their grievance by conducting a protest in a democratic manner. She further submitted that the petitioner/organization is prepared to conduct the meeting at any other point as agreed by the respondents, without causing disturbance to people and free flow of traffic and further submitted that 200 members would attend the meeting.
4.The learned Additional Public Prosecutor, on instructions, from the respondents submitted that they have no objection in the petitioner's conducting the protest and public meeting in the open place opposite to Old Bus stand, Chengalpattu, which is earmarked for conducting public meetings.
5.In view of the above submissions made on either side, the Writ petition is disposed of, with a direction to the petitioner to give a fresh representation to the respondents seeking permission to conduct the meeting on any day and the representation shall give the details of the number of persons, who may attend the meeting and the time of meeting. The fourth respondent shall consider the same and shall grant permission to
the petitioner to conduct the meeting in the open place, opposite to the Old bus stand, Chengalpattu Town, which is earmarked for conducting the meetings. No costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vkr/nti To
1. The Superintendent of Police, The Office of Superintendent of Police, Chengalpattu District.
2. The Assistant Superintendent of Police, The Office of Superintendent of Police, Chengalpattu District.
3. The Inspector of Police, D2, Taluk Police Station, Chengalpattu District.
4. The Inspector of Police, D-1, Town Police Station, Chengalpattu District.
5. The Public Prosecutor, High Court of Madras.
+1cc to M/s.P.Uma, Advocate Sr.24890 W.P.No.8284 of 2022 skm[co] srg 22/04/2022