S.Jeevan v. The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.12.2019

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.19907 of 2019 and W.M.P.No.32912 of 2019 S.Jeevan Secretary, REPCO Vangi Meetpu Kuzhu .. Petitioner ..Vs..

1.The Assistant Commissioner of Police, Mahakavi Bharathi Nagar Range, Chennai-600 039 2.The Inspector of Police, P-5, Mahakavi Bharathi Nagar Police Station, Chennai-600 039

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 25.06.2019 and permit the petitioner to conduct a public meeting at the Anna Silai Roundana, Bakthavachalam Nagar, Vyasarpadi, Chennai600039, on 20.07.2019 from 6PM to 10PM. For Petitioner : Mr.Balaji Thirumoorthy For R1 & R2 : Mr. Govindasamy Special Government Pleader For impleading party:Mr.E.OM.Prakash Senior Counsel for Mr.Ilangovan

O R D E R

Mr.S.Jeevan who claims to be the Secretary, Repco Vangi Meetpu Kuzhu residing at, Bakthavachalam Nagar, Vyasarpadi, Chennai has filed the Writ Petition in the nature of Mandamus directing the respondents namely the Assistant Commissioner of Police, Mahakavi Bharathi Nagar Range, Chennai and the Inspector

of Police, P-5, Mahakavi Bharathi Nagar Police Station, Chennai to consider the representation dated 25.06.2019 to conduct public meeting in Anna Silai Roundana, Bakthavachalam Nagar, Vyasarpadi, Chennai on 20.07.2019 between 6.p.m to 10p.m. Now, we are in December 2019. Naturally even if permission is granted, it would only by an order in paper and more particularly, in view of the objection raised by the respondent that the said place is not conducive to conduct any public meeting, the Court cannot grant any such permission. The Petitioner may approach the respondent giving a fresh representation, a fresh date and a fresh place for conducting a meeting and he may in the alternate, also seek a list of places were such meetings could be conducted with the permission of the respondents. If such representation is given, the respondents must given an opportunity of personal hearing not only to the petitioner but also to the petitioner in W.M.P.No.32912 of 2019 who has filed an application seeking to implead them in this present Writ Petition.

2.The petitioner therein, is the Repatriate Co-operative Finance and Development Bank Ltd., in short (REPCO Bank Limited) The parties may give necessary suggestions/views, for conducting meetings with respect to place to conduct meeting, with respect to the agenda for the meeting. This is particularly so because the learned Senior Counsel for the petitioner in W.M.P.No.32912 of 2019 states that the petitioner, had obtained anticipatory bail in a FIR which had been registered against him and one of the conditions imposed for grant of anticipatory bail is that he should not conduct such meetings. If the petitioner so desires to reschedule the date of meeting, he shall approach the respondents for necessary orders as stated above. The respondent thereafter shall issue notice to the petitioner and the petitioner in W.M.P.No.

32912 of 2019 for their personal hearing and then pass a detailed order. The petitioner may also keep in mind the condition imposed while granting him anticipatory bail, and if he violates such condition, he may have to face the consequences thereof. 3.With the above observation the Writ Petition disposed of. No Costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsn

To, 1.The Assistant Commissioner of Police, Mahakavi Bharathi Nagar Range, Chennai-600 039 2.The Inspector of Police, P-5, Mahakavi Bharathi Nagar Police Station, Chennai-600 039 +1cc to Mr.T.Balaji Thirumoorthy , Advocate SR.No. 106384 +1cc to Mr.Ilangovan , Advocate SR.No. 105250 W.P.No.19907 of 2019 and W.M.P.No.32912 of 2019 A.SK(31/01/2020)