T.Munusamy v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2026 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Munusamy .. Petitioner

Versus

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Deputy Superintendent of Police, Pallipalayam Division, Pallipalayam, Namakkal District.

3. The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned proceedings of the 3rd respondent in C.No.01/Pallipalayam PS/2026, dated 21.02.2026 and quash the same as illegal and to direct the respondents 1 to 3 to grant permission to the petitioner's party to conduct the public meeting on 28.02.2025 at about 5.30 P.M at Nehru Thidal, Pallipalayam, Namakkal district or any other day in any other place, which may be fixed by the petitioner's party and the respondents.

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For Petitioner : Mr.S.Maroshini, for Mr.T.Karkkivelan For Respondents : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

The petitioner, claiming himself to be a member of Common Man's Political Party, challenging the impugned order, dated 21.02.2026, whereby, the Inspector of Police, Veppadai Police Station, had rejected the request made by the Common Man's Political Party.

2. The contention of the petitioner is that the petitioner had made a request long back and made all arrangements for conducting a protest and the protest is only for public cause to ensure that the Cauvery river is not further polluted by effluents coming out from the dyeing industry. But, at the nth hour, on 21.02.2026, a day prior to the protest, the impugned order was issued without giving an opportunity to give any explanation on the apprehensions of the third respondent.

3. The learned Additional Public Prosecutor submits that this petition has been filed in an individual capacity, but, challenging the order passed against the Common Man's Political Party. No details are given as 2/5

to whether it is a registered political party, whether the petitioner is a member or any office bearer. He further submits that since, due to elections, no permissions are presently granted, the said political party can give a fresh representation seeking the date of protest after the General Elections and the same can be considered.

4. In view thereof, the petitioner is directed to give a representation denoting the date, on which, the protest to be held, within one week after the General Elections. As the protest of a citizen cannot be denied which is a fundamental right, the respondent Police, after ascertaining the ground reality, is directed to grant permission to the petitioner, if there is no serious objection to conduct the protest. The order on the petitioner's representation to be intimated to the petitioner at least one week before the event.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

08.04.2026 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/5

To

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Deputy Superintendent of Police, Pallipalayam Division, Pallipalayam, Namakkal District.

3. The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

grs 08.04.2026 5/5