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Madras High CourtWP/34768/2024disposed of

Desiya Makkal Sakthi Katchi v. Commissioner Of Police

2024-11-26Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 26.11.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.34768 of 2024 -- Desiya Makkala Sakthi Katchi, Rep. by R.Danasekar .. Petitioner Vs.

Commissioner of Police, Greater Chennai Police Commissionerate, E.V.K.Sambath Salai, Chennai-600 007.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order No.1037/T.P.2/E.Ko./102/2024, dated 08.11.2024 issued by the respondent and quash the same as unlawful and direct the respondent to allow the petitioner to conduct the protest meeting on any other day that may be fixed by this Court, at this earmarked place near Chennai Collector Office, Narayanappa Salai, Chennai, and to direct to frame guidelines and rules for the permission and rejection of protest such meets and to be issued in advance. For petitioner : M/s.T.Sivagnanasambandan For respondent: Mr.S.Sugendran, Addl.P.P.

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ORDER

The petitioner ( a political party) has filed the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order No.1037/T.P.2/E.Ko./102/2024, dated 08.11.2024 issued by the respondent and quash the same as unlawful and direct the respondent to allow the petitioner to conduct the protest meeting on any other day that may be fixed by this Court, at this earmarked place near Chennai Collector Office, Narayanappa Salai, Chennai, and to direct to frame guidelines and rules for the permission and rejection of protest such meets and to be issued in advance.

2. Learned Additional Public Prosecutor appearing for the respondentPolice submitted that the date sought for by the petitioner happened to be a holiday (i.e. Second Saturday), and it was a compensatory working day due to holiday granted by the State Government. Therefore, the respondent (Police) could not grant permission to protest and hence, no preference could be granted to the petitioner. Learned Addl.P.P. further submitted that the respondent / Police / authorities will grant permission and now, they are ready to give preference for the date that may be fixed by this Court and hence, learned 2 / 5

counsel appearing for the petitioner prayed that 30.11.2024 (Saturday) may be fixed by this Court to conduct the protest.

3. Considering the above submissions made by the learned counsel for both parties, this Writ Petition is disposed of, with a direction to the petitioner that they shall conduct the protest on 30.11.2024 (Saturday) between 10 am and 12 noon at the same venue as sought for by the petitioner in their representation dated 21.10.2024 filed before the Commissioner of Police, Vepery, Chennai.

4. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. W.M.P.No.37703 of 2024 shall stand closed.

26.11.2024 cs Office to note: (1) Issue order copy by 28.11.2024

(2) Upload this order immediately.

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To

1. Commissioner of Police, Greater Chennai Police Commissionerate, E.V.K.Sambath Salai, Chennai-600 007.

2. The Public Prosecutor, High Court, Madras.

3. The Commissioner, Greater Chennai, Vepery, Chennai. 4 / 5

P. VELMURUGAN, J cs W.P.No.34768 of 2024 26.11.2024 5 / 5