V.Ramalingam v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN V.Ramalingam ... Petitioner Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, District Police Office, Dharmapuri - 636 705.
2. The Deputy Superintendent of Police, Office of the Superintendent of Police Palacodu Sub Division, Thikkuvashikottai, Behind the Govt. Hospital, Palacode, Dharmapuri - 636 080.
3. The Inspector of Police, Dharmapuri Police Station, Dharmapuri - 636 808.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the third respondent to grant permission to conduct a public rally scheduled on 01.12.2024 at about 3.00 p.m. commencing from Dharmapuri Railway Station to the open and identified public space near BSNL office Dharmapuri, following that a public 1/5
demonstration on the same day i.e. 01.12.2024 at about 4.00 p.m. at scheduled open space near BSNL office Dharmapuri or on any other dates along with permitted sound amplifiers under Section 30 of the Police Act, 1861, by considering the petitioner's application dated 15.10.2024. For Petitioner : Mr.P.G.Thiyagu For Respondents : Mr.S.Sugendran Additional Public Prosecutor *****
O R D E R
This petition has been filed seeking direction to the third respondent to grant permission to conduct a public rally scheduled on 01.12.2024 at about 3.00 p.m. commencing from Dharmapuri Railway Station to the open and identified public space near BSNL office Dharmapuri, following that a public demonstration on the same day i.e. 01.12.2024 at about 4.00 p.m. at scheduled open space near BSNL office Dharmapuri or on any other dates along with permitted sound amplifiers under Section 30 of the Police Act, 1861, by considering the petitioner's application dated 15.10.2024. Heard the learned counsel appearing on either side and perused the materials available on record.
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It is seen that the petitioner sought for permission to conduct rally from Dharmapuri Railway Station to an open space near the BSNL Office, Dharmapuri addressing public concerns and protest against government policies, including liberalization, privatization and changes to labour laws that impact the livelihood of workers and farmers. Learned Additional Public Prosecutor filed a counter stating that the place in which the petitioner seeking permission to conduct rally is a main area of Dharmapuri Town and there is nearby Bus Stand, Schools, Hospitals located and it will affect the school students, patients in the Hospital and also the public. Further the petitioner is not going to conduct the rally for the public, but, he is going to conduct for his personal ideology emphasis. Therefore the 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.
In view of the above submissions made by the learned Additional Public Prosecutor and also considering the fact that the request of the petitioner 3/5
is not reasonable, this Court is not inclined to grant the relief sought for by the petitioner. However the petitioner is at liberty to give fresh representation to the respondent police for conducting any meeting in a fixed place and on such representation, the respondent police is directed to consider the same in accordance with law.
With the above directions, the writ petition shall stand disposed of. No costs.
27.11.2024 Speaking Order/Non Speaking Order cgi To
1. The Superintendent of Police, Office of the Superintendent of Police, District Police Office, Dharmapuri - 636 705
2. The Deputy Superintendent of Police, Office of the Superintendent of Police Palacodu Sub Division, Thikkuvashilottai, Behind the Govt. Hospital, Palacode, Dharmapuri - 636 080.
3. The Inspector of Police, Dharmapuri Police Station, Dharmapuri - 636 808.
4. The Public Prosecutor, Madras High Court.
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P.VELMURUGAN, J., cgi 27.11.2024 5/5