D.Sasikumar v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Sasikumar ... Petitioner Vs.
1. The State rep. by The Superintendent of Police, Office of the Superintend of Police, Chengalpattu, Chengalpattu District.
2. The Deputy Superintendent of Police, Mamallapuram Range, Mamallapuram.
3. The Inspector of Police, Thiruporur Police Station, Chengalpattu District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 08.03.2025 of the third respondent and quash the same and consequently direct the third respondent to grant permission to conduct the peaceful procession and public meeting on 16.03.2025 at Thiruporur, Chengalpattu District, based on the representation of the petitioner dated 05.03.2025.
For Petitioner : Mr.S.Shankar For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
This writ petition has been filed challenging the order passed by the third respondent dated 08.03.2025, thereby rejected the request made by the petitioner to conduct procession and public meeting to be held on 16.03.2025 at Thiruporur, Chengalpattu District. 2.
The petitioner belongs to a political party and they decided to conduct meeting and also organized welfare and awareness program at Chengalpattu District. Accordingly, they resolved to conduct peaceful procession and public meeting on 16.03.2025 at Thiruporur under the leadership of his party leader. Further it is also proposed to conduct peaceful procession at 5 p.m., from Kanagapattu up to Thiruporur Roundabout and after the procession, they will conduct public meeting from 6 p.m., to 10 p.m. However, the said request was rejected on the ground that in the Thiruporur Arulmigu Kandhaswamy Murugan Temple Masi month Bharmaoochavam festival is going on and as such there will be huge traffic. It is very small town and if the petitioner permitted to
conduct procession and public meeting that too in Roundabout of Thiruporur, there will be hindrance to the general public and also traffic. Further, the petitioner did not even mention the number of persons to be participated in the procession and meeting. Challenging the same, the present writ petitioner has been filed.
3.
The learned Government Advocate (Crl. Side) appearing for the respondents submitted that if the petitioner chooses another place instead of roundabout of Thiruporur, the third respondent will consider the same for granting permission to conduct public meeting. He further submitted that the procession cannot be permitted since there is Masi month Bharmaoochavam festival is going on at Arulmigu Kandhaswamy Murugan Temple.
4.
On instruction, the learned counsel appearing for the petitioner would suggest the place near Block Development Office of Thiruporur to conduct public meeting. He further submitted that the petitioner also may be permitted to conduct procession by the distance of one kilo meter and 400 men and 100 women will participate in the procession and meeting.
5.
Considering the above facts and circumstances, the petitioner is directed to submit fresh representation for conducting procession and public meeting in the place near Block Development Office, Thiruporur, Chengalpattu from 5 p.m., to 10 p.m., on 16.03.2025 forthwith, along with the undertaking affidavit with regard to, if any untoward incident, they are liable for everything and also mentioning the route for procession and place on which the public meeting to be conducted. On receipt of the same, the third respondent is directed to permit the petitioner to conduct procession for one kilo meter from the place in which the public meeting to be conducted, at 5 p.m., to 6 p.m., and also permit to conduct public meeting from 6 p.m., to 10 p.m., by imposing conditions.
6.
With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. The uploaded copy can be utilised for the purpose of execution of the Order.
14.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Note : Issue order copy today on 14.03.2025 rts
To
1. The Superintendent of Police, Office of the Superintend of Police, Chengalpattu, Chengalpattu District.
2. The Deputy Superintendent of Police, Mamallapuram Range, Mamallapuram.
3. The Inspector of Police, Thiruporur Police Station, Chengalpattu District.
4. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts 14.03.2025