M.Manikandan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WP MP.No. 242 of 2025 M.Manikandan ... Petitioner Vs The State Rep. by, Inspector of Police, Law and Order Circle Police Station, Tindivanam Sub Division - 604 001.
... Respondent Prayer: Writ Petition Criminal filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, to call for the entire records in respect of the impugned proceedings Na.Ka.No./TDM/PS/2025 dated 23.07.2025 issued by the respondent and quash the same as null and void. For Petitioner : M/s.N.Seshadri For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
ORDER
The writ petition is filed challenging the impugned order in Na.Ka.No. /TDM/PS/2025 dated 23.07.2025.
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2. By the said order, permission sought for conducting a meeting/campaign by the petitioner's political party, namely Hindu Makkal Katchi, was rejected by the respondent.
3. When the matter came up for hearing, the learned counsel appearing for the petitioner submitted that the right to hold a peaceful protest is a valuable constitutional right which cannot be curtailed by the respondent police by passing the impugned order.
4. In reply thereof, the learned Government Advocate (Criminal Side) appearing for the respondent would submit that the respondent is not prohibiting the petitioner from holding a meeting or campaign, but the location sought by the petitioner is the issue. The proposed venue, near the Gandhi statue, is a crowded and central location in town and meetings or demonstrations involving more than 50 persons cannot be permitted there. If more than 50 persons gather and use high-decibel loudspeakers, it will paralyze normal life in the area. The petitioner has made an application for holding a meeting with around 200 persons. The respondent police themselves have suggested alternate venues, such as near Sandhaimedu or at VOC Ground, which are usual locations for such events. However, the petitioner 2/5
did not choose for those places, which led to the rejection of the request.
5. The learned Government Advocate (Crl.Side) also placed on record the original application that is made by the petitioner, wherein the petitioner himself mentioned that 200 persons will gather. If that be the case, the location near the Gandhi statue is clearly inappropriate.
6. In reply, the learned counsel appearing for the petitioner submitted that the petitioner is willing to make a fresh application, either by limiting the number of participants to 50 and requesting to hold the campaign near the Gandhi statue using only low-decibel speakers or if more persons are expected, by opting for the alternative venue. In any event, the petitioner wants to conduct the meeting/campaign on 12.08.2025.
7. In view of the submissions made, the writ petition is disposed of with the following directions:
(i) Without waiting for a copy of this order, the petitioner shall, either today (i.e. 06.08.2025) or by tomorrow (i.e. 07.08.2025), submit a fresh application to the respondent, either personally or through a messenger. 3/5
(ii) In the said application, the petitioner shall choose either: (a) To restrict the number of participants to less than 50 and request permission to hold the meeting near the Gandhi statue with low-decibel speakers only, or (b) If more than 50 persons are expected, to request permission for holding the meeting at Sandhaimedu or VOC Ground, as per his choice.
(iii) Upon receiving such an application, the respondent shall consider the same favourably and grant permission by imposing suitable conditions. (iv) If the application is made by tomorrow (i.e.07.08.2025), the respondent shall respond within two days, so that the campaign will be undertaken by the petitioner on 12.08.2025.
(v) The learned Government Advocate (Crl.Side) is requested to convey this direction to the respondent so that it can be acted upon even without production of a certified copy of the order.
(vi) Consequently, connected miscellaneous petition is closed. No costs. 06.08.2025 nsl 4/5
D.BHARATHA CHAKRAVARTHY, J.
nsl To The Inspector of Police, Law and Order Circle Police Station, Tindivanam Sub Division - 604 001.
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