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Madras High CourtWP/32730/2022disposed of

K.Maathaiyan v. The State Of Tamil Nadu

2022-12-02Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.32730 of 2022 K.Maathaiyan ... Petitioner Vs

1. The State of Tamilnadu, Rep. by its Secretary to the Government, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Tamilnadu Government, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

3. The District Superintendent of Police, Salem, Salem District.

4. The Inspector of Police, Selem City, Selam District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to give permission and protection to the petitioner/party members to conduct one day fasting protest on 03.12.2022 timing from 10 a.m. to 5 p.m. in Nattanmai Kazhaga Building Opposite to Collector Office, Salem, Tamil Nadu mentioned in the petition by considering the petitioner's representation dated 18.11.2022 for the

purpose of creating awareness to general public regarding the impact of illicit drugs and narcotics.

For Petitioner :

Mr. M.Kabilan For Respondents :

Mr. S.Santhosh Govt. Advocate (Crl.Side) ******

ORDER

The Writ Petition has been filed seeking direction to the respondents to give permission and protection to the petitioner and the members of All India Samathuva Makkal Katchi to conduct one day fasting protest on 03.12.2022, from 10 a.m. to 5 p.m. at Nattanmai Kazhaga Building Opposite to Collector Office, Salem, Tamil Nadu, by considering the petitioner's representation dated 18.11.2022 for the purpose of creating awareness to general public regarding the impact of illicit drugs and narcotics.

2. The petitioner is a District Secretary of All India Samathuva Makkal Katchi which is a political party founded by a famous Tamil cine actor R.Sarathkumar. The said party has decided to conduct one day fasting protest for drug awareness all over Tamil Nadu on 03.12.2022 between 10.00 a.m. to 05.00.p.m. In this regard, the petitioner's party had given a representation on 18.11.2022 to the first respondent and the police authorities requesting them to grant permission to conduct the fasting protest.

However, the respondents orally refused to grant permission for the same. Hence this petition has been filed seeking a writ of mandamus for directing the respondents to grant permission as requested.

3. The learned counsel for the petitioner submitted that the right to hold peaceful demonstration and protest is the fundamental right of the citizens and it has been held so by the Hon'ble Supreme Court in the case of Mazdoor Kisan Shakti Sangathan Vs. The Union of India and another in W.P. (Civil) No.1153 of 2017 dated 23.07.2018; hence permission should be granted to the petitioner to conduct one day fasting protest.

4. The learned Government Advocate (Crl. Side) appearing for the respondents submitted that the petitioner's party has given a common representation to the police authorities in Chennai in order to conduct protest all over Tamil Nadu; In this regard, the Director General of Police has also sent a letter on 29.11.2022 to the Party Head stating that the Commissioner of Police/Superintendent of Police of the respective District may be approached for getting permission/protection.

5. Considering the above submissions, the petitioner can make his representation to the concerned Commissioner of Police/Superintendent of Police for permission and Police protection and on receiving such

representation, the concerned officer shall consider the same in accordance with the guidelines issued by the Director General of Police, Tamil Nadu, Chennai, in his circular memorandum in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 and also by taking into consideration of the law and order situation in the designated area and pass suitable orders.

6. With the above directions, this Criminal Original Petition is disposed of.

02.12.2022 Index: Yes/No Speaking order / Non speaking order Note to Office: Issue order copy by 02.12.2022. kmi/bkn To:

1. The Secretary to the Government, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Tamilnadu Government, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

3. The District Superintendent of Police, Salem, Salem District.

4. The Inspector of Police, Selem City, Selam District.

5. The Public Prosecutor, Madras High Court,

R.N.MANJULA ,J.

kmi/bkn 02.12.2022