Madras High CourtWP/12879/2025disposed of

A.Arunkumar v. The Home Secretary To Government

2025-04-08Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Arunkumar ... Petitioner Vs

1. The Home Secretary to Government, Secretariat, Chennai 600009.

2. The Secretary to Government, Tamil Development And Information Department, Secretariat, Chennai 600009.

3. The Director General of Police, Dr.Radhakrishna Road, Chennai 600004.

4. The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai 600007.

5. The Deputy Commissioner of Police, Mylapore Police Station, Chennai 600004.

6. The Assistant Commissioner of Police, Mylapore Police Station, Chennai 600 004.

7. The Inspector of Police (Law And Order), E5, Pattinambakkam Police Station, Pattinabakkam, Chennai 600 028.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.03.2025 more particularly the 7th respondent for granting permission and adequate police protection for petitioner and the founder and State President Shri.Arjun Sampath along with 25 members Indu Makkal Katchi, Tamilnadu on 14.04.2025 the 135th Birth Anniversary of Annal Dr.Ambedkar to garland the statue of Annal Dr.Ambedkar situated at Ambedkar Memorial hall, Raja Annamalaipuram, Chennai 600 028 on 14.04.2025 between 4.00.P.M to 4.30.P.M. For Petitioner : Mr.S.Venkateswaran For Respondents : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the respondents to consider the petitioner's representation dated 20.03.2025 more particularly the 7th respondent for granting permission and adequate police protection for petitioner and the founder and State President Shri.Arjun Sampath along with 25 members Indu Makkal Katchi, Tamilnadu on 14.04.2025 the 135th Birth Anniversary of Annal Dr.Ambedkar to garland the statue of Annal Dr.Ambedkar situated at Ambedkar Memorial hall, Raja Annamalaipuram, Chennai 600 028 on 14.04.2025 between 4.00.P.M to

4.30.P.M.

2. The learned Government Advocate (Crl.Side) appearing for the respondents strongly opposed this petition, if permission is granted, it will create disturbance to the public order and peace.

3. The objection raised by the learned Government Advocate (Crl.Side) is refuted by the learned counsel for the petitioner, who submitted that the petitioner earlier filed an undertaking affidavit stating that they would not raise any slogan/s and speech against anyone; not play any instrument; not cause any hindrance to the traffic or general public; not wear "Kavi Dhoti" or Sandal Thilagam or Kum Kum or Vibuthi to the Annal Ambedkar Statue. The learned counsel for the petitioner further submitted that though the petitioner and others strictly followed the above undertaking given by the petitioner, the representation given by the petitioner on 20.03.2025 for the similar prayer have not been considered now by the respondents. Therefore, he has come up before this Court seeking for the above direction.

4. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) appearing for the respondents and perused the materials placed on record.

5.Considering the representation given by the petitioner and the fact that in similar circumstances, this Court is of the considered view that the petitioner may be granted with the permission as prayed for. Now the petitioner has given an Affidavit of undertaking and he has also agreed to abide by any condition imposed by the respondents police. The relevant portion of the undertaking is extracted hereunder:

" a) I undertake that I and my organisation would not raise any slogan/s and speech against anyone; b) I undertake that I and my organisation would not play any instrument;

c)I undertake that I and my organisation would not cause any hindrance to the traffic or general public; d)I undertake that I and my organisation would not wear "Kavi Dhoti" or Sandal Thilagam or Kum Kum or Vibuthi to the Annal Ambedkar Statue;

e)In lieu of garlanding Annal Dr.Ambedkar Statute,

Members of Indu Makkal Katchi were agreed to wear ID Cards and also to travel through police vehicle."

6. In view of the above undertaking given by the petitioner, this Court is inclined to grant permission to the petitioner and the founder and State President Shri.Arjun Sampath along with 25 members to garland the statue of Annal Dr.Ambedkar, situated at Ambedkar Memorial Hall, Raja Annamalaipuram, Chennai 600 028 on 14.04.2025 between 04.00 p.m. and 04.30 p.m. with the following conditions:

a)They would not raise any slogan/s and speech against anyone; b)They would not play any instrument;

c)They would not cause any hindrance to the traffic or general public; d)They would not wear "Kavi Dhoti" or Sandal Thilagam or Kum Kum or Vibuthi to the Annal Ambedkar Statue;

e)The petitioner and others shall appear before the seventh respondent at 03.30 p.m., and thereafter they shall travel in the vehicle provided by the seventh respondent to the venue.

7.This Court is of the opinion that taking into consideration of the

undertaking given by the petitioner, the respondents may be directed to give police protection.

8.In view of the above, this writ petition stands disposed of on the terms of undertaking given above. The affidavit of undertaking given by the petitioner shall form part of the order. In violation of the conditions imposed by this Court by the petitioner and other 25 members will be viewed seriously and it is open to the respondents police to initiate appropriate legal action as per law. No costs.

08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn Note: Issue order copy on or before 09.04.2025