Logu.Ayyappan, Dravidar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.09.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.31132 of 2016 Logu.Ayyappan S/o.Loganathan Dravidar Viduthalai Kazhagam, Rep. by is State President, Puducherry Union Territory, No.35, Thiruvalluvar Street, Sivalinga Puram, Ariyankuppam, Puducherry - 605 007.

.. Petitioner Vs.

1. The State rep. by Office of the Senior Superintendent of Police, Puducherry.

2. The State rep. by Superintendent of Police, Puducherry.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to grant permission to conduct public meeting and hold flag hoisting function in view of 138th Birth Anniversary of Thanthai Periyar from 8 a.m. to 10.a.m. At the venue of Periyar Thidal, Radhakrishnan Nagar, Ariyankuppam in Puducherry on 17.09.2016 pursuant to the petitioners representation dated 29.08.2016.

For Petitioner : Mr.D.Arun For Respondents : Mr.Tamilvanan Government Advocate (Puducherry)

O R D E R

This Writ Petition has been filed to direct the respondents to grant permission to the petitioner to conduct public meeting and hold flag hoisting function in view of 138th Birth Anniversary of Thanthai Periyar from 8 a.m. to 10.a.m. at the venue of Periyar Thidal, Radhakrishnan Nagar, Ariyankuppam

in Puducherry on 17.09.2016 pursuant to the petitioners representation dated 29.08.2016.

2. The petitioner submitted that they have to conduct a public festival during Thanthai Periyar birth Centenary on 17.09.2016.

Though he has given representation to the respondents, they have not given permission to conduct meeting and hence, the present Writ Petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

4. The learned Government Advocate submitted that due to law and order problem, the petitioners may be directed to conduct meeting at a different isolated place.

5. The learned counsel for the submitted that they will restrict their meeting to one and half hours instead of two hours and that they have a small meeting consisting of maximum number of 100 persons.

6. In view of the submissions made on either side, this Court directs the respondents to accord permission to the petitioner to conduct public function in view of the the birth centenary of Thanthai Priyar on 17.09.2016 on the following conditions :

i) time is restricted between 10.30a.m. and 12 noon. ii) maximum crowd will be 100 and they will not create any law and order problems.

iii) there can be a mike set and the speakers should not exceed the prescribed audio limit.

iv) the respondents shall add any other conditions which would be necessary.

5. With the above directions, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vrc

To

1. Office of the Senior Superintendent of Police, Puducherry.

2. The Superintendent of Police, Puducherry.

+1 cc to Mr.D.Arun Advocate sr 51806 +1 cc to the Government Pleader Puducherry sr 51509 W.P. No.31132 of 2016 aa16/09/2016