Mr.Moorthy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH WRIT PETITION No.25116 of 2017 AND WMP. No.26557 of 2017 Mr. Moorthy .. Petitioner Vs.

1. The Inspector of Police, Coimbatore District.

2. The Deputy Commissioner of Police, Law & Order, Coimbatore District.

..

Respondents PRAYER: The Writ Petition has been filed under article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order in Na.Ka.No.1299/A.Ka.Thoo.Aa/Sa.co./Ko.Ma/2017 dated 12.09.2017 passed by the second respondent and quash the same and consequently direct the respondents to permit the petitioner to conduct meeting on 27.09.2017 at Papanayagan Palayam near the ground of vegetable shop evening around 5.00 p.m., or on any other subsequent dates.

For Petitioner :

Ms.V.Porkodi For Respondents :

Mr.D.Vairamoorthy Special Government Pleader

ORDER

The reason for rejection of the petitioners' request for conducting a public meeting to demonstrate the levy of GST is that the conduct of the meeting would cause inconvenience to the public law and order.

2. In my view that cannot be a proper reason for rejecting the petitioner's request. So long as the petitioner peacefully demonstrate, it is always open to the petitioner to seek for permission and the respondents can grant permissions with certain conditions to regularize such public meeting. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner had on six previous occasions involved in identical violations of conducting public meeting without proper permission. Nevertheless, in the present case, it is seen that the petitioner, after rejection, has approached this Court. Hence, a lenient view can be taken since the petitioner has chosen to challenge the rejection order in this Writ petition.

4. In view of the same, the petitioner is granted liberty to approach the Inspector of Police, Race Course Police Station herein, seeking for necessary permission and on such a representation, the Inspector of Police, Race Course Police Station, shall consider it, on the basis of certain conditions and by fixing the venue in some permitted place. Such exercises shall be done within three days from the date of receipt of a copy of this order.

With the above observations, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rli To

1. The Inspector of Police, Coimbatore District.

2. The Deputy Commissioner of Police, Coimbatore District.

3. The Inspector of Police, Race Course Police Station, Coimbatore +1cc to Ms.V.Porkodi, Advocate, S.R.No.71306 +1cc to the Government Pleader, S.R.No.71413 WP.No.25116 of 2017 AND WMP. NO.26557 of 2017 MR(CO) CS/10/10/17 https://hcservices.ecourts.gov.in/hcservices/