S.Thiruvikka v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR W.P.(MD)No.1904 of 2025 S.Thiruvikka ... Petitioner Vs

1. The Superintendent of Police, Karur, Karur District.

2. The Deputy Superintendent Of Police, Karur Sub-Division (Town), Nagariyam, Karur - 639 002.

3. The Inspector of Police, Karur Town Police Station, Karur 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 relating to the impugned order in Na.Ka.No. 01/Kaa.Aa/Na.Kaa.Ni/Karur/2025 dated 21.01.2025 passed by the 3rd respondent as illegal and quash the same and consequently direct the respondents to grant permission on 24.01.2025 to conduct public meeting 1/6

in view to celebrate the 108th birthday of late Bharat Ratna Dr.M.G.Ramachandran at Veluchamypuram within a time frame fixed by this Court.

For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

This Writ Petition has been filed challenging the impugned order in Na.Ka.No. 01/Kaa.Aa/Na.Kaa.Ni/Karur/2025 dated 21.01.2025 passed by the 3rd respondent and consequently direct the respondents to grant permission on 24.01.2025 to conduct public meeting in view to celebrate the 108th birthday of late Bharat Ratna Dr.M.G.Ramachandran at Veluchamypuram.

2. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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4. The petitioner is a member of AIADMK and the Presidium Chairman at Karur District. Seeking permission to celebrate the 108th birthday of late Bharat Ratna Dr.M.G.Ramachandran at Veluchamypuram on 20.01.2025 he gave a representation on 13.01.2025 and since the same was not considered, he gave another representation on 17.01.2025 to conduct the meeting on 24.01.2025. However, the same was rejected vide impugned order, dated 21.01.2025 by the respondents. Hence, this petition.

5.It is the further contention of the petitioner that during the previous years, function has been conducted in the said place and the said placed is assigned for conducting such meeting, protest and fasting etc., In support of his contention, he has submitted a copy of letter of Commissioner, dated 23.03.2023.

6.Further, the learned counsel for the petitioner submitted that the petitioner has also obtained permission to conduct such meeting as per the orders of this Court in WP(MD) No.4082 of 2024 and 27261 of 2024. He has also produced the copy of permission order given by the 3/6

respondents on 25.01.2023 and 23.02.2024 to conduct meeting by the petitioner. In view of the above, the impugned order is liable to be set aside, since the respondent police refused to give permission only on the ground that the petitioner belongs to opposition political party. 7.The learned Additional Public Prosecutor submitted that the respondent police has granted permission only based on the orders of this Court, since the said place is a high density and heavy traffic prevails in that area. However, he would concede that during the earlier occasions, there is no untoward incident had happened.

8.In view of the above submissions made on either side, this Court is inclined to set aside the impugned order, dated 21.01.2025 and directed the 3rd respondent to grant permission to the petitioner to conduct public meeting in the event of 108th birthday of late Bharat Ratna Dr.M.G.Ramachandran at Veluchamypuram on 24.01.2025 between 06.00p.m., to 10.00p.m., in accordance with the circular issued by the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019. 4/6

9. With the above directions, this Writ Petition stands allowed. 23.01.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No PNM Note: Issue order copy on 23.01.2025 To

1. The Superintendent of Police, Karur, Karur District.

2. The Deputy Superintendent Of Police, Karur Sub-Division (Town), Nagariyam, Karur - 639 002.

3. The Inspector of Police, Karur Town Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M. NIRMAL KUMAR, J PNM W.P.(MD)No.1904 of 2025 23.01.2025 6/6