Rethinamani .S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024 CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and W.M.P.(MD)No.330 of 2024 Er.S.Rethinamani
...Petitioner
Vs.
1. The Superintendent of Police, Kanniyakumar District.
2. The Deputy Superintendent of Police, Nagercoil, Kanniyakumari District.
3. The Deputy Superintendent of Police, Thuckalay, Kanniyakumari District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order issued by the second Respondent in Na.Ka.No.568/Se/Kaa.Thu.Ka(NAa)/2023 dated 30.12.2023 and the order issued by the third Respondent in Na.Ka.No. 435/SDOT/2023 dated 30.12.2023 and consequently direct the Respondents to grant permission to hold Motor cycle Rally between Nagercoil Veppamoodu Karma Veerar Kamarajar Statue and 1/4
Kaliakkavilai Bus Stand to be held on the date and time prescribed by the Respondents.
For Petitioner : Mr.N.Mohan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The learned Counsel for the Petitioner submitted that District President of Anbu Desam Makkal Association, seeking for the rights of Other Backward Class (OBC) as holding a bike rally demanding 70% reservation in the Central Government employment among the other Backward Classe, he seeks permission to hold bike rally.
2. The learned Counsel for the Petitioner submitted that the second Respondent had rejected the permission sought by the Petitioner. Therefore, the Petitioner had filed this writ petition seeking direction against the Respondents.
3. When the case came up for hearing, the learned Additional Public Prosecutor submitted a copy of the proceedings of the Deputy Superintendent of Police, Thuckalay Sub Division and the proceedings of the Superintendent of Police, rejecting the Petitioner's request on the 2/4
ground that the Highway in Kanniyakumari on which the Petitioner proposed to hold bike rally is a busy road, linking Trinvandrum in Kerala with Tirunelveli in Tamil Nadu. Further, it is on Monday. Therefore, the people attending work and the students attending educational institution will be using this stretch. Also it is stated that people from Kanniyakumari and nearby Districts proceed to International Airport at Trivandrum on the said road. Also in the recent rain, the stretch of the road was damaged and repaired. Therefore, permission cannot be granted considering the disturbance to be caused to the general public.
4. In the light of the reply stated in writing by the Respondents No.1 and 2, the Petitioner had not made out the case for holding bike rally. The Petitioner is directed to furnish details with regard to alternative road instead of main road, for holding bike rally.
5. In view of the above, this Writ Petition is disposed of. No costs. Internet:Yes 09.01.2024 Index :Yes/No jbr 3/4
SATHI KUMAR SUKUMARA KURUP, J.
jbr To
1. The Superintendent of Police, Kanniyakumar District.
2. The Deputy Superintendent of Police, Nagercoil, Kanniyakumari District.
3. The Deputy Superintendent of Police, Thuckalay, Kanniyakumari District.
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