V.Ramalingam v. The Superintendent Of Police,
2023:MHC:5320
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-12-2023
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN And WMP No.32167 of 2023 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, Palcode Sub Division, Thikkuvashikottai, Behind the Government Hospital, Palacode, Dharmapuri-636 080.
3.The Inspector of Police, Dharmapuri Police Station, Dhamapuri-636 808.
... Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 24.10.2023 in Na.Ka.No.92/Ka.Aa/ Dharumapuri/forecast/2023 passed by the third respondent and quash the same and consequently direct the first and second respondents to grant permission to conduct a public demonstration on 15.11.2023 at about 11.00 a.m., at scheduled open space near BSNL Office, Dharmapuri or on any other date of convenience along with permitted sound amplifiers dehors the orders under Section 30 of the Police Act, 1861 by considering petitioner's application dated 27.10.2023.
For Petitioner : Mr.P.G.Thiyagu For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Criminal Side).
O R D E R
The petitioner herein has sought for permission to conduct protest demonstration on 15.11.2023 in the open space near BSNL Office at Dharmapuri, was declined by the respondent-Police vide order dated
24.10.2023. The said order is impugned in the present Writ Petition.
2. When the matter came up for consideration, the learned Government Advocate (Criminal Side), appearing on behalf of the respondents, sought time to get instructions and hence the matter is listed today for hearing.
3. The learned Government Advocate (Criminal Side), appearing on behalf of the respondents, today submits that if fresh application is made by the petitioner and the same will be considered and permission will be granted on conditions which are usually imposed for any demonstration.
4. Recording the abovesaid submissions of the learned Government Advocate (Criminal Side), appearing on behalf of the respondents, the present writ petition is disposed of with a direction to the petitioner to file fresh application furnishing necessary details i.e., date, time and number of participants and the same will be considered on conditions which are usually imposed for other demonstration also.
5. With the abovesaid directions, the present writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
07-12-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
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, Palcode Sub Division, Thikkuvashikottai, Behind the Government Hospital, Palacode, Dharmapuri-636 080.
3.The Inspector of Police, Dharmapuri Police Station, Dhamapuri-636 808.
DR.G.JAYACHANDRAN, J.
Svn WP 32571 of 2023 07-12-2023