K.Balakrishnan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and W.M.P.No.29673 of 2023 K.Balakrishnan ... Petitioner Vs.

The State rep by The Director General of Police, O/s. Director General of Police, Dr.Radhakrishna Salai, Mylapore, Chennai-600 004.

... Respondent Prayer: Writ Petition is filed under Section 226 of Constitution of India, pleased to issue Writ of Mandamus to direct the respondent to grant permission to hold propaganda campaign and rally pursuant to petitioner's representation dated 10.10.2023. For Petitioner : Mr.N.G.R.Prasad for Mr.R.Thirumoorthy For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner herein, the State Secretary of Communist Party of India (Marxist) to conduct rally throughout the Tamil Nadu propagating ideology, given representation to the Director General of Police on 10.10.2023 seeking permission.

2.

The said representation been considered by the DGP and proceeding dated 17.10.2023 been issued requesting the petitioner to make individual representation to the respective Town and District Police Head and he has also communicated to all the Police Commissioner in the city and zonal. The Inspector General of Police referring the request of petitioner's dated 10.10.2023 and considered the representation subject to law and order situations in the respective jurisdiction. This communication of the DGP been sent soon after the proceedings issued in Na.Ka.5834227/General 2(2)/2023 dated 17.10.2023. 3.

The learned counsel appearing for the petitioner submitted 2/5

that the representation to the DGP dated 10.10.2023 did not evoke any response. Hence the present Writ Petition.

4.

From the learned Government Advocate (Crl.Side) representing the State, this Court finds that on 17.10.2023, the DGP responded to the request of the petitioner letter dated 10.10.2023. The content of the response and also connected communication to the Police Commissioner and other Chief Police Officials of the concern zone makes the issue clear that, if the petitioner make application to the respective jurisdictional police head with particulars of their time, date and place of rally, the concern police officials to take decision and permit them to conduct the rally subject to the conditions imposed. Such decision by the concern Police to be taken within 7 days from the receipt of the representation.

5.

With the above directions, this Writ Petition is disposed of. 3/5

Consequently, the connected Writ Miscellaneous Petition is closed. No costs.

20.10.2023 Note : Issue Today Index : Yes/No rpl To:

1.The Director General of Police, O/s. Director General of Police, Dr.Radhakrishna Salai, Mylapore, Chennai-600 004.

2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 4/5

20.10.2023 5/5