M.Babu v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.NO.11589 OF 2022 M.Babu S/o.Mappu ... Petitioner .Vs.
1. The Superintendent of Police, Office of the Superintendent, Kallakurichi, Kallakruichi District.
2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the 2nd Respondent to consider the petitioner representation dated 27.04.2022 and direct the respondents to grant police permission and adequate police protection on may day meetings scheduled on 01.05.2022 at the District head quarters Kallakurichi.
For Petitioner :
Mr.M.Jothi Kumar For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This writ petition has been filed, to direct the 2nd Respondent to consider the petitioner representation dated 27.04.2022 and direct the respondents to grant police permission and adequate police protection on May day meetings scheduled on 01.05.2022 at the District head quarters Kallakurichi.
2. The learned counsel for the petitioner would submit that the petitioner is the Town Secretary of the Kallakurichi Town and he would conduct a public meeting on 01.05.2022 at 4.00 p.m. at Amma Thidal, Kallakurichi. The meeting is to be attended by Former Chief Minister, who is also a coordinator of the party and special speeches to the Association members, party cadres as well as the common public. In order to grant permission for the said meeting, the petitioner had prayed for permission on 27.04.2022. However, the representation of the petitioner has not been considered, the present writ petition has been filed with the aforesaid prayer.
3. Per contra, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that the place, where the petitioner has to conduct meeting is on a busy road, thereby the respondents are contemplating whether to give permission or not.
4. At this juncture, learned counsel for petitioner would submit that the petitioner is in a democratic country to conduct a political meeting subject to reasonable restrictions, the permission can be granted. The petitioner undertakes to any condition that may be imposed by the respondent police.
5. In such circumstances, petitioner is to give an undertaking that the members, who attending the meeting should follow the Covid-19 protocol. The parking should be done in a designated area and the parking should not done on the main road thereby, the heavy traffic would not arise.
6. The learned counsel submit that the petitioner may be permitted to appear before the respondent to give the undertaking.
7. In view of the above, a direction is issued to the respondent/police to consider the petitioner's representation and permit them to conduct the meeting subject to reasonable restrictions, so that they do not cause any disturbance to public.
8. This Writ Petition stands disposed of with the above direction. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mp
To 1.
The Superintendent of Police, Office of the Superintendent, Kallakurichi, Kallakruichi District.
2.
The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
3.
The Public Prosecutor, High Court of Madras.
+1cc to Mr.M.Jothi Kumar, Advocate, S.R.No.30575 W.P.NO.11589 OF 2022 VG-II(CO) PBS/29/04/2022