A.Velavan, v. Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18276 of 2015 A.Velavan ... Petitioner Vs.
1 Commissioner of Police Chennai City Egmore Chennai-8.
2 Asst. Commissioner of Police Madipakkam Range Madipakkam Chennai.
3 Inspector of Police Adambakkam Police Station Adambakkam Chennai-88.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records regarding the order issued by 2nd respondent in No.----/ Ka./Vu./ AA.Ma.Sa/Camp-2015 dated 19.06.2015 and quash the same and direct the Respondents to permit the Petitioner to conduct the function at 10 a.m. on 28.06.2015 at Parameshwar Nagar, Adambakkam, Chennai-600 088.
For Petitioner : Mr.E.Raj Thilak For Respondents : Mr.P.Rajalakshmi Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The petitioner is the Secretary of the 163rd ward of Chennai Dravida Munnetra Kazhagam (DMK) and according to him on 28.06.2015, the President of DMK party will be celebrating his 92nd birthday and 163rd ward of the DMK party, have made all the necessary arrangements for conducting functions for the purpose of distributing essential articles free of charge to the public and accordingly, they submitted an application dated 18.06.2015 praying for appropriate permission to conduct the meeting and also to put up the stage, sound and light programme in the following places namely, (i)Parameshwar Nagar, (ii)Ramakrishnapuram I Street and (3) Musthan Ghori Street. The second respondent vide impugned order
dated 19.06.2015 has rejected the said application on the ground that the above three places are not ear-marked for conducting political meeting/ public functions and also that in the event of permission being granted, it may cause hindrance to public and free movement of the traffic. Disgusted of the said order, the petitioner came forward to file this writ petition. 3.The learned counsel appearing for the petitioner would vehemently contend that in the event of permission being granted to hold the function in anyone of the above said three places, there will not be any law and order problem and there will be no hindrance to free movement of traffic and the public will not be put to any sort of inconvenience and prays for appropriate orders. 4.Ms.R.
Janaki, Women HC - 3521, S8 Adampakkam Police Station, Chennai 600 088 is present before this Court and on instructions from her, the learned Government Advocate who accepts notice on behalf of the respondents would submit that the places named by the petitioner in his application are not at all ear-marked for holding any functions either political or otherwise and the petitioner may be directed to conduct the said function at "Dr.Ambedkar Thidal" which also falls under the 163rd ward. It is also the submission of the learned Government Advocate (Criminal Side) that no permission whatsoever will be granted to conduct any function/ rally in the above said three places and the said submission on instructions is placed on record.
5.In the light of the above facts and circumstances, this Court permits the petitioner to conduct the meeting in connection with the 92nd birthday celebration of the President of the DMK party at "Dr.Ambedkar Thidal", 163rd ward, Adambakkam, Chennai 600 088 tomorrow (26.06.2015) and the respondents 2 and 3 are directed to accord necessary permission to conduct the meeting forthwith by imposing reasonable conditions/ restrictions. 6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pri To 1 The Commissioner of Police Chennai City Egmore Chennai-8.
2 The Asst. Commissioner of Police Madipakkam Range Madipakkam Chennai.
3 The Inspector of Police Adambakkam Police Station Adambakkam Chennai-88.
1 cc to Government Advocate, Sr. 31448 W.P.No.18276 of 2015 SVI (CO) kk 2/7