Arjunan Sampath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.12.2018

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.33422 of 2018 Arjunan Sampath ... Petitioner versus 1.The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police (Law and Order), Teynampet Police Station, Teynampet, Chennai - 18.

3.The Inspector of Police (Law and Order), Airport Police Station, Trisoolam, Chennai.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent, the Commissioner of Police to consider the petitioner's representation dated 06.12.2018 and to grant permission on 16.12.2018 to protest in front of Anna Arivalayam as well as near the Chennai Domestic Airport and launch black balloons and black flag against Mr.Pinarayi Vijayan's entry to Chennai City according to law. For Petitioner :Mr.P.Ayyaswamy For Respondents :Ms.Saratha Devi, Government Advocate (Crl.Side)

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself.

2. The writ petition has been filed seeking a direction to the first respondent/Commissioner of Police to consider the petitioner's representation dated 06.12.2018 and to grant permission on 16.12.2018 to protest in front of Anna Arivalayam as well as near the Chennai Domestic Airport and launch black balloons and black flag against Mr.Pinarayi Vijayan's entry to Chennai City.

3. Heard Mr.P.Ayyaswamy, learned counsel appearing for the petitioner and Ms.Saratha Devi, learned Government Advocate appearing for the respondents.

4. When the matter was taken up today, the learned Government Advocate produced a copy of the order dated 13.12.2018, wherein, the Commissioner of Police has rejected the application made by the petitioner dated 06.12.2018 by a speaking order on the grounds of maintenance of law and order, traffic and public tranquillity.

5. As already the petitioner's representation is rejected, it is open to the petitioner to challenge the said order in Proceedings No.1727/S.B.II/2018 dated 13.12.2018 in the manner known to law, if he is so advised.

6. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rsi To 1.The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police (Law and Order), Teynampet Police Station, Teynampet, Chennai - 18.

3.The Inspector of Police (Law and Order), Airport Police Station, Trisoolam, Chennai.

+1cc to Mr.P.Ayyaswamy, Advocate Sr.86905 +1cc to the Public Prosecutor Sr.86866 +1cc to the Government Pleader Sr.87462 W.P.No.33422 of 2018 kk[co] srg 09/01/2019