G.Susai v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2017
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W. P.No. 17024 of 2017 and W.M.P.No.18477 of 2017 G.Susai ... Petitioner
Versus
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Inspector of Police, Chidambaram Town Police Station, Chidambaram - 608 001.
... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records relating to the impugned order of the second respondent dated 25.06.2017 and quash the same and direct the respondents to consider the petitioner's request for the peaceful conduct of the annual car festival procession on 08.07.2017 by the Sacred Heart Church at Chidambaram. For Petitioner : M/s. T.R.Thara For Respondents : Mr.D.Vairamoorthy, Special Government Pleader
ORDER
Owing to a stray incident that occurred on 16.07.2016, the respondent police have rejected the petitioner's request for conducting of the Annual Car Festival Procession scheduled on 08.07.2017.
2. Today, when the matter was listed, the learned Special Government Pleader, on instructions, submitted that the respondents are willing to consider granting permission for the procession commencing from Gnanaprakasam Tank Street, via, Kasimada Street- S.P.Koil street - South Car street- West Car street - North car street - Kamaleeswara Koil street - Bhol Narayana Street - Kasimada Street - Ganaprakasam Tank Street.
3. The learned counsel for the petitioner submitted that all along they have been carrying on the procession via Gnanaprakasam Tank Street, via, Kasimada Street- S.P.Koil street - South Car street- West Car street - North car street - East Car Street- VGP Street - Bus stand - Market StreetGanaprakasam Tank Street and therefore, this deviation would disentitle the pilgrims of these 3 streets to witness the procession, who have been witnessing the procession all these years.
4. I am of the view that, a stray incident had occurred in the year 2016 cannot be a reason for the respondent police to refuse procession through the area where the incident had occurred. It is also seen that the incident relates to shouting of slogans to which, none of the sections of the public had given a complaint in this regard. While that being so, I do not find any impediment on the part of the respondent police to grant permission for the procession through the route claimed by the petitioners.
5. At this juncture, it would be relevant to mention here that this Court has immense faith and confidence in the way, the law and order situation is being tackled through out the state by the Police Department. There are various incidents whereby intensive situation that could create law and order problem have been successfully tackled by the police. Like wise, in the present case, this Court imposes faith and confidence in the Police Department that it would maintain from any incidence of violation of the law and order in this procession also, if the petitioner's request to permit the procession through the route claimed by them.
6. In this back ground, it would be appropriate that the respondent-police consider the petitioner's request for the procession through the aforesaid route. As such the earlier order dated 25.06.2017 passed by the second respondent, rejecting the petitioner's request for conduct of Annual Car Festival Procession is set aside. The petitioner is granted liberty to approach the first respondent seeking permission for the procession and on receipt of such request, the first respondent shall pass appropriate orders, in the light of the observations made above, before 1.00 p.m., of 08.07.2017.
7. With the above observations and directions , this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Inspector of Police, Chidambaram Town Police Station, Chidambaram - 608 001.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.T.R.Thara,sr.47159 WP.No.17024 of 2017 rv(co) ss(7/7/2017)