Divanmaideen v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL Divanmaideen ... Petitioner Vs.
1. The Superintendent of Police Office of the Superintendent of Police Dindigul District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Palani, Dindigul District
3. The Inspector of Police Palani Town Police Station Palani, Dindigul District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, calling for the entire relevant records related to the impugned order passed by the 3rd respondent based on the petitioner's representation, vide Na.Ka.No. 20/Pa.Na.Kaa.Va/2025, dated 05.02.2025, quash the same and direct to allow with police protection and necessary arrangements for the general meeting to be conducted by the Naam Tamizhar Organization in Palani Nagar (Political Parties ususal Meeting Place) near Electricity Officer 1/7
Road, Dindigul from 4.00 P.M., to 10.00 P.M., on 16.02.2025, within the stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Senthilkumar For Respondents : Mr. R.M.Anbunithi Additional Public Prosecutor
ORDER
The prayer sought for in the present writ petition is to quash the impugned order passed by the third respondent based on the petitioner's representation, vide Na.Ka.No.20/Pa.Na.Kaa.Va/2025, dated 05.02.2025, and direct to give police protection and necessary arrangements for the general meeting to be conducted by the Naam Tamizhar Organization in Palani Nagar (Political Parties ususal Meeting Place) near Electricity Officer Road, Dindigul from 4.00 P.M., to 10.00 P.M., on 16.02.2025, within a stipulated time that may be fixed by this Court.
2. The learned counsel appearing for the petitioner would submit that the petitioner is the District Chairman of Naam Tamizhar Organization and the said organisation decided to conduct a general meeting to create awareness to the public on 16.02.2025 @ 4.00 pm., to 2/7
10.00 pm., in Palani Nagar near Electricity Officer Road, Dindigul. Some of the members of their political organisation have decided to speak in the general meeting. Therefore on 05.02.2025 the petitioner had given a representation before the second respondent seeking permission with police protection but the same was rejected by the third respondent through an order dated 05.02.2025. The respondents cannot curtail the general meeting of the political party and the same is against democracy. The parties may create awareness to general public by conducting meetings and the same cannot be prevented by the respondents based on unnecessary reasons. The reasons stated by the petitioner is that the said place is busy place and there will be a chance of law and order issue and also in and around Palani, temple festival are being conducted till 22.02.2025, therefore it was rejected. The above said reasons are not acceptable and the petitioner's have right to freedom of speech and therefore the order passed by the third respondent is liable to be quashed.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner's gave a representation dated 05.02.2025 for conducting meeting on 16.02.2025 at 4.00 pm., to 3/7
10.00 pm., in Palani Nagar near Electricity Officer Road, Dindigul and the same has been considered and rejected by citing reasons. The main reason is that the proposed place is a busy area and it will cause hindrance to the general public and till 20.02.2025 festivals are being conducted in and around the area, therefore they have rejected the representation given by the petitioner. However if the petitioner suggests any alternate place they will consider it in accordance with law.
4. Heard both sides and perused the materials available on record.
5. After elaborate arguments, the learned counsel appearing for the petitioner also suggested that they will postpone the meeting to 22.02.2025 at Neikaranpatti Bungalow street.
6. Since the petitioner has postponed the public meeting to 22.02.2025 and the petitioner has sought permission only for 16.02.2025, this Court need not quash the proceedings of the third respondent dated 05.02.2025, as the same has been rescheduled. 4/7
7. In view of the alternate place suggested by the learned Additional Public Prosecutor and the same was accepted by the learned counsel appearing for the petitioner, this Court directs the third respondent to grant permission to the petitioner to conduct the general meeting on 22.02.2025 at Neikaranpatti Bungalow Street from 04.00 pm., to 10.00 p.m., in accordance with law and the petitioner also to ensure that no any defamatory speech against anybody. 8.With the above direction, this Writ Petition stands disposed of. No costs.
14.02.2025 NCC : Yes / No Index : Yes / No aav Note: Issue order copy on 18.02.2025 To
1. The Superintendent of Police Office of the Superintendent of Police Dindigul District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Palani, Dindigul District 5/7
3. The Inspector of Police Palani Town Police Station Palani, Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7
P.DHANABAL, J.
aav 14.02.2025 7/7