Association Of University Teachers (Regd.) v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2019 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.25481 of 2019 Association of University Teachers (Regd.) Tamil Nadu (Regd. No.64/1971) 134, Rama Lane, Nungambakkam, Chennai 600 034, Rep. by its General Secretary. Prog.M.S.Balamurugan .. Petitioner Vs.
1. The Commissioner of Police, Vepery, Chennai - 600 007.
2. The Assistant Commissioner of Police, J-9, Police Station, Jothi Nagar, Chennai - 600 097.
3. The Inspector of Police, J-9, Police Station, Jothi Nagar, Chennai - 600 097.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order of the 1st respondent in No.776/Tha.Pi.2/2019 dated 10.08.2019 and quash the same and consequently directing the respondents to permit Petitioner-Association to conduct the Street Campaign Programme as proposed from 23.08.2019 to 25.08.2019 from 10.00 am to 07.30 pm everyday, and provide adequate police protection to the same.
For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.Iyyapparj Additional Public Prosecutor
ORDER
The request of the petitioner seeking to conduct a street campaign programme from 23.09.2019 to 25.09.2019 from 10 a.m. to 7.30 p.m., has been rejected by the impugned order dated 10.08.2019, on the ground that there could be law and order problem and as well as inconvenience to the general public. 2.The learned counsel for the petitioner submitted that only 30 persons intend to participate in the demonstration and that they would conduct the demonstration in very peaceful manner. He would also submit that the timings which is originally sought for i.e., 10.00 a.m. to 7.30 p.m could be restricted.
3.The learned Additional Public Prosecutor, on instructions, submitted that the place in which the petitioner seeks for conducting the street campaign programme is very congested and if they request for such demonstration to be conduct at K.K.Salai, Sholinganallur, for a limited hours between 10.00 a.m. to 12.00 p.m. the same could be regulated. 4.In my view, such an offer from the respondent police seems to be reasonable and the petitioner herein may also not have a grievance.
5.In the light of the above observations, the petitioner herein is granted liberty to approach the respondents herein seeking for permission for conducting the street campaign programme for three days, i.e., from 27.09.2019 to 29.09.2019 between 10.00 a.m to 12.00 p.m in K.K.Salai, Sholinganallur. The respondent herein shall pass favorable orders for the petitioner herein to conduct such street campaign programme at K.K.Salai, Sholinganallur. While passing such favorable orders, the respondent shall be at liberty to impose reasonable conditions for the purpose of regulating the street campaign. The petitioner shall also ensure that the program is conducted in a peaceful manner.
6.This writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar
ssr/bri To
1. The Commissioner of Police, Vepery, Chennai - 600 007.
2. The Assistant Commissioner of Police, J-9, Police Station, Jothi Nagar, Chennai - 600 097.
3. The Inspector of Police, J-9, Police Station, Jothi Nagar, Chennai - 600 097.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Sathia Chandran Advocate, S.R.No.81341 RSV(CO) CB(25/09/2019) W.P.No.25481 of 2019