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Madras High CourtWP/16497/2018dismissed

K.V.Suseenthirakumar, v. The Superintendent Of Police,

2018-07-05Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16497 of 2018 K.V.Suseenthirakumar ..

Petitioner -vs1. The Superintendent of Police O/o Superintendent of Police Omalur Range Salem District

2. The Inspector of Police Omalur Police Station Omalur ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 18.06.2018 and 28.06.2018 and grant permission to conduct the public meeting on 08.07.2018 (Sunday) from 5.00 pm to 10.00 pm at Sattur Mariamman Koil Thidal headed by Mr.G.K.Vasan, President, Tamil Manila Congress.

For Petitioner :: Mr.P.Tamilavel For Respondents :: Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

Mr.K.V.Suseenthirakumar, claiming to be the President of Tamil Manila Congress, Salem West District for several years, has come to this Court seeking issuance of a writ of mandamus directing the respondents to consider his representations dated 18.06.2018 and 28.06.2018 and grant permission to conduct the public meeting on 08.07.2018 (Sunday) from 5.00 pm to 10.00 pm at Sattur Mariamman Koil Thidal headed by Mr.G.K.Vasan, President, Tamil Manila Congress.

2. Learned counsel for the petitioner submitted that the Tamil Nadu Government have recently announced a plan for acquisition of land for extension of Salem airport and also eight-lane road project connecting Salem-Chennai, with the

result the agricultural lands, which are providing livelihood to the farmers in and around Salem and the neighbouring districts, are going to be severely affected. In order to cancel the acquisition proceedings, the petitioner's party has decided to organise a public meeting on 8.7.2018 from 5.00 PM to 10.00 PM at Sattur Mariamman Koil Thidal headed by the President of his party. They have also printed pamphlets and circulated the same throughout the district. In addition thereto, huge advertisements have also been made inviting the public to support their meeting. In this regard, a representation has also been given to the Inspector of Police, Omalur Police Station on 18.6.2018 requesting him to give permission to conduct the public meeting on 8.7.2018. But the second respondent has not considered the genuine request of the petitioner.

Therefore, one more representation has been given on 28.6.2018 to the second and first respondents narrating the facts mentioned therein that they are prepared to give promise that no untoward incident would take place and that no illegal acts would be resorted to either before the meeting or after the completion of the meeting by the members of the petitioner's party. In spite of the undertaking and the promise given to the second and first respondents that they would not resort to any violation and that they are going to conduct a peaceful public meeting for the purpose of making the people aware of the consequences of laying the eight-lane road project, the second and first respondents have not come forward to pass any order till date. Therefore, a direction be issued, he prayed.

3. But this Court is unable to appreciate how this writ petition is sought to be filed to stop the Expressway Project. The reason is that when the Government have come forward for the first time to have an eight-lane road in Tamil Nadu from Salem to Chennai, connecting all the villages and small towns in between Salem and Chennai metropolitan city, for the purpose of avoiding huge time delay to reach either place, that would, in my considered view, pave the way for many industries, factories and even the multi-national companies to come and set up their establishments, for the reason that they can reach their establishments and also take the cargo/goods and other materials without delay, which would in turn generate employment opportunities to the youths, be it skilled, semi-skilled or unskilled. Without fully knowing the intention/object the Government have in their vision for such a huge project, these types of meetings should be avoided for the use and benefit of all.

4. As a matter of fact, since the subject involved is a public issue, when this Court asked the valuable suggestions from the members of the Bar present in the Court, except one good lawyer who had reservations, that too, for an elevated road

requiring acquisition of lands for erection of pillars to make the eight-lane, all other members of the Bar present appreciated and welcomed the proposed mega project going to be implemented for the first time in the State of Tamil Nadu. That shows that he also welcomes the eight-lane road project between Salem and Chennai metropolitan city. Therefore, this Court is not inclined to accept the prayer of the petitioner. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ss To

1. The Superintendent of Police O/o Superintendent of Police Omalur Range Salem District

2. The Inspector of Police Omalur Police Station Omalur +1cc to Mr.P.TAMILAVEL, Advocate, S.R.No.43359 +1cc to the Government Pleader, S.R.No. 44045 W.P.No.16497 of 2018 TR(06/07/2018)