E.V.Mani v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH W.P.No.28435 of 2018 E.V.Mani ... Petitioner Vs 1.The Deputy Commissioner of Police, (Law & Order) Coimbatore City, Coimbatore.

2.The Inspector of Police, E1, Singanallur Police Station, Coimbatore.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dt.20.10.2018 in Na.Ka.No.1099/A/Kaa/Thu/Aa/ Sa/O/Ko.Maa/2018 on the file of the 1st respondent and quash the same and consequently directing the respondents to grant permission to the petitioner to conduct public meeting on a specified date by the petitioner at Sungam Ground in Irugur, Coimbatore between 6.00 p.m. to 10.00 p.m.

For Petitioner : Mr.R.Girirajan For Respondents : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed to call for the records pertaining to the impugned order dated 20.10.2018 in Na.Ka.No.1099/A/Kaa.Thu.Aa/ Sa.O/Ko.Maa/2018 on the file of the 1st respondent and quash the same and to consequently direct the respondents to grant permission to the petitioner to conduct public meeting on a specified date by the petitioner at Sungam Ground in Irugur, Coimbatore, between 6.00 p.m. to 10.00 p.m.

2.It is the case of the petitioner that he is the Town Panchayat Secretary of Irugur Town DMK Party in Coimbatore and he gave an application to the respondents seeking permission to conduct a public meeting on 27.10.2018 at Sungam Ground in Irugur, Coimbatore, which is a reserved place for conducting public meetings. However, the 1st respondent police have rejected the request, by their impugned order dated 20.10.2018, challenging which, the petitioner is before this https://hcservices.ecourts.gov.in/hcservices/

Court.

3.Heard learned counsel for the petitioner and the learned Government Advocate, appearing for the respondents. 4.On a reading of the impugned order, it is seen that the 1st respondent police have stated that if permission is granted to conduct the meeting, there is every likelihood of a law and order problem ensuing.

5.In the opinion of this Court, this cannot be a good reason to deny permission to conduct a public meeting, because, in a multi-party democracy, the voice of the opposition cannot be stifled on such a flimsy ground. Hence, this writ petition is allowed and the impugned order is quashed and the respondents are directed to grant permission to the petitioner to conduct the meeting on usual conditions on any other date at Sungam Ground. mkn Sd/- Assistant Registrar(Cs IX) //True Copy// Sub Assistant Registrar To 1.The Deputy Commissioner of Police, (Law & Order) Coimbatore City, Coimbatore.

2.The Inspector of Police, E1, Singanallur Police Station, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Neelakandan, Advocate SR.NO.74911 sm:12.11.2018 W.P.No.28435 of 2018 https://hcservices.ecourts.gov.in/hcservices/