U.K.Sivagnanam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.11.2015 C O R A M THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.34207 of 2015 U.K.Sivagnanam ...Petitioner Vs.

1. The Commissioner of Police, Coimbatore District, Coimbatore.

2. The Assistant Commissioner of Police, Coimbatore District, Coimbatore. ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 09.10.2015 and to give permission to the petitioner to conduct their awareness peace walk movement on any Sunday in the month of November, 2015.

For Petitioner : Ms.N. Valliamma For Respondents : Mr.V.Subbiah, Special Government Pleader

ORDER

By consent of both parties, this matter is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 09.10.2015 and to give permission to the petitioner to conduct their awareness peace walk movement on any Sunday in the month of November, 2015.

3. The petitioner made a representation dated 09.10.2015 seeking permission from the respondents to conduct their awareness peace walk movement on any Sunday in the month of November, 2015. As the request made by the petitioner was not considered, the present writ petition has been filed.

4. On instructions, the learned Special Government Pleader appearing for the respondents submitted that the route as sought for by the petitioner cannot be granted for two reasons. i)It will lead to traffic congestion and ii) law and order problem.

However, there is no objection for the petitioner to carry out the peace walk in an unobjectionable place.

5. What the petitioner wants to do is to have a peace march in law when there cannot be any objection for the same. While the respondents can regulate it by identifying the place, time and date, there cannot be any blanket prohibition for the proposed movement.

6. This writ petition stands disposed of by directing the respondents to permit the petitioner to have the awareness peace walk movement on 15.11.2015 being a Sunday subject to the condition that they can fix the time and place. It is well open to the respondents to impose any other condition, if so required.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) True Copy Sub Assistant Registrar

To

1. The Commissioner of Police, Coimbatore District, Coimbatore.

2. The Assistant Commissioner of Police, Coimbatore District, Coimbatore.

+1cc to Mr.N.Valliamma, Advocate Sr.60172 + 1 CC TO THE GOVT.PLEADER, SR 60702 (5/1/16) W.P.No.34207 of 2015 su[co] srg 4/11/2015