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Madras High CourtWP(MD)/3871/2025disposed of

Meera.Gandhi @ Sathiya Gandhi v. The Superintendent Of Police

2025-02-14Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.3871 of 2025 W.M.P(MD) No.2809 of 2025 Meera.Gandhi @ Sathiya Gandhi ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, City Sub Division, Pudukkottai District.

3. The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District, Pudukkottai.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.02/ Ka.Aivaalar/Ka.Kaa.Ni/Pudukottai/2025 dated 21.01.2025 on the file of the respondent No.3 and quash the same as illegal and consequently direct the respondents to grant permission to conduct a Remembrance Meeting Page No. 1 of 6

on 15.02.2025 or any other date from 04.00 PM to 10.00 PM near Chinnappa Park, Pudukkottai or near Thilagar Thidal in the light of 14th year Memorial day of Social Activist namely Suba.Muthukumar within the time framed by this Honourable Court.

For Petitioner : Mr.T.Lajapathy Roy Senior Counsel for Ms.P.Kayalvizhi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This petition has been filed by the petitioner to quash the order in Na.Ka.No.02/ Ka.Aivaalar/Ka.Kaa.Ni/Pudukottai/2025 dated 21.01.2025 on the file of the 3rd respondent and consequently, to direct the respondents to grant permission to conduct a Remembrance Meeting on 15.02.2025 or any other date from 04.00 p.m to 10.00 p.m near Chinnappa Park, Pudukkottai or near Thilagar Thidal in the light of 14th year Memorial day of Social Activist namely Suba.Muthukumar within the time framed by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the organizer of the social movement namely "Tamil Thesiya Meetchi Iyakkam" and they decided to conduct Remembrance Page No. 2 of 6

Meeting on 15.02.2025 near Chinnapa Park, Pudukottai on 14th year Memorial day of Social Activist namely Suba.Muthukumar. Hence, on 18.01.2025, they sent a representation to the respondents seeking to grant permission to conduct the Remembrance Meeting, but the same was rejected by the 3rd respondent police through order dated 21.01.2025 on the ground of law and order problem. Therefore, now the petitioner challenged the said order. In fact, there is no law and order issue, but the 3rd respondent passed the order without jurisdiction as per Section 30(1) of the Police Act and Inspector has no jurisdiction to pass the rejection, but the same was rejected. The petitioner has decided only to conduct the Remembrance Meeting by abiding any conditions by the respondent police, but the same was not considered. Hence, he filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that they considered the representation of the petitioner dated 18.01.2025 and the petitioner has not obtained any permission from the local authorities. There are so many commercial complex available near the place where the petitioner sought for permission would cause inconvenience to the public and there is no sufficient place to conduct meeting, therefore, they rejected the request of Page No. 3 of 6

the petitioner. However, relating to grant of permission in the Thilagar Thidal, Pudukottai, the condition that the petitioner should not speak any will not made any defamatory speech.

4. In view of the above said alternative place suggested by the leaned Additional Public Prosecutor, the petitioner also accepted to conduct meeting near Thilagar Thidal, Pudukottai and they will not create any law and order problem, this court is inclined to quash the order passed by the 3rd respondent in Na.Ka.No.02 / Ka.Aivaalar /Ka.Kaa.Ni / Pudukottai / 2025 dated 21.01.2025 and accordingly quashed. The 3rd respondent is directed to grant permission to conduct Remembrance Meeting on 15.02.2025 at Thilagar Thidal, Pudukottai from 4.00 pm., to 10.00 pm.

5. In view of the said observation and directions, this writ petition is disposed of . No costs. Consequently, connected Writ Miscellaneous Petition is closed.

14.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 4 of 6

Note: Registry is directed to issue order copy today. To

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, City Sub Division, Pudukkottai District.

3. The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District, Pudukkottai.

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

Page No. 5 of 6

P.DHANABAL , J.

mac Note: Registry is directed to issue order copy today. W.P(MD)No.3871 of 2025 W.M.P(MD) No.2809 of 2025 14.02.2025 Page No. 6 of 6