Madras High CourtWP/32632/2024dismissed

Tamil Nadu Samagra Shiksha Special v. The Director General Of Police

2024-11-27Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Tamil Nadu Samagra Shiksha Special Educators' Associates for Differently Abled Students Rep. by its State President S.Sethuraman, No.58, Anukka Natham, Purathakkudi - 621 302.

Manapparai Taluk, Tiruchirappalli District.

... Petitioner Vs.

1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

2. The Commissioner of Police, Chennai City, Chennai.

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

4. The Superintendent of Police, Perambalur District, Perambalur.

5. The Superintendent of Police, Cuddalore District, Cuddalore.

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6. The Superintendent of Police, Kallakurichi District, Kallakurichi.

7. The Superintendent of Police, Villupuram District, Villupuram.

8. The Superintendent of Police, Chengalpattu District, Chengalpattu.

9. The Superintendent of Police, Kancheepuram District, Kancheepuram.

10.The Superintendent of Police, Thiruvallur District, Thiruvallur.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first respondent to accord permission to the members of the petitioner's association to conduct a Rally from Trichy Chathiram Bus stand to Secretariat, Chennai (from 05.11.2024 to 19.11.2024) in a peaceful manner and thereby direct him to issue an appropriate order to other respondents to provide police protection as per the schedule of the rally demanding the Government of Tamil Nadu to regularize their service as special educator in Education Department based on their representation dated 07.10.2024 submitted to the first respondent within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.S.Sugendran Additional Public Prosecutor ***** 2/6

O R D E R

This petition has been filed seeking direction to the first respondent to grant permission and to give police protection to the members of the petitioner's association to conduct a Rally from Trichy Chathiram Bus stand to Secretariat, Chennai (from 05.11.2024 to 19.11.2024) in a peaceful manner demanding the Government of Tamil Nadu to regularize their service as special educator in Education Department based on their representation dated 07.10.2024 submitted to the first respondent.

Heard the learned counsel appearing on either side and perused the materials available on record.

It is seen that the petitioner sought for permission to conduct rally from Tricy to Chennai for nearly 325 kilometers, which includes village, town and cities of National High Way (NH-38), which would cause much inconvenience to all walks of life. As rightly stated in the counter filed by the respondents there are approximately two accidents every day in NH-38 and hence there is every possibility for causing accident claims and put 200 participants' life in danger. Therefore the request of the petitioner association is 3/6

not reasonable and they can address their grievance by giving representations to the Government and by conducting a meeting in a fixed place. Learned Additional Public Prosecutor fairly submitted that the petitioner may conduct meeting in any fixed place and the police will extend their fullest protection for the same.

Considering the above facts and circumstances, this Court is not inclined to grant the relief as sought for by the petitioner. Accordingly the writ petition shall stand dismissed. No costs. However the petitioner is at liberty to give fresh representation to the respondent police for conducting any meeting in a fixed place. 27.11.2024 Speaking Order/Non Speaking Order cgi 4/6