Thiruvikka S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.4082 of 2024 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 for issuance of Writ of Mandamus, directing the Respondents to grant permission and adequate Police protection for conducting public meeting at Velusamypuram, Karur District held on 24.02.2024 at 5.00 p.m., by considering the Petitioner's representation dated 19.02.2024. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.T.SenthilKumar Additional Public Prosecutor 1/6

ORDER

This Writ Petition had been filed for Writ of Mandamus, seeking direction against the Respondents to grant permission and adequate Police protection for conducting public meeting at Velusamypuram, Karur District held on 24.02.2024 at 5.00 p.m., based on the Petitioner's representation dated 19.02.2024.

2. Since the learned Government Advocate (Criminal Side) raised objections regarding the averments in the Writ Petition stating that the Petitioner had sent representation to the Government officials through registered post which was disputed by the learned Government Advocate (Criminal Side) on 22.02.2024, stating that the postal receipts indicates the date as 06.07.2023. Therefore, he had filed this Writ Petition with false averments. Therefore, the Writ Petition is to be dismissed.

3. The learned Counsel for the Petitioner sought time to furnish the relevant postal receipts and acknowledgment cards. 2/6

4. Today, by 23.02.2024, the learned Counsel for the Petitioner furnished the original postal receipts and the acknowledgment cards of the representation which was to the Respondents through registered post with postal receipts and acknowledgment cards for the same.

5. The learned Additional Public Prosecutor objects to the submission of the learned Counsel for the Petitioner stating that as per the circular of Director General of Police in R.C.007301/Genl I(1)/2019, Office of the Director General of Police, Tamil Nadu, Chennai - 600 004 dated 09.04.2019, the Petitioner seeking permission, should have been filed before the authorities concerned within 15 days prior to the tentative date of organizing the events. Here, the Petitioner had given representation only on 19.02.2024 and the Respondent had received only on 20.02.2024.

6. The learned Additional Public Prosecutor also submitted that the permission petition given by the Petitioner is delayed. Therefore, the third Respondent was unable to grant permission, as requested by the Petitioner. The learned Additional Public Prosecutor relied on the counter of the Respondents, 3/6

wherein he had raised objections regarding circular of Director General of Police and the murder that took place in Aravakurichy which was registered in Crime No.91 of 2024 on 19.02.2024. He also submitted that the public meeting at Velusamypuram will be a disturbance to the public and patients in the hospitals nearby.

7. The learned Counsel for the Petitioner by way of reply submitted that on earlier occasion, when the Petitioner had sought permission to conduct protest and meeting in a specified place, the Respondent Police had granted permission at Velusamypuram only. Therefore, this time he had sought Velusamypuram..

8. To the query of the Court whether tomorrow the Velusamypuram is permitted to any other political party or organization for conducting meeting, he is unable to answer.

9. In the light of the above, the Petitioner is directed to give fresh representation today by 23.02.2024 itself. The Superintendent of Police, Karur District shall consider the request of the Petitioner, considering the nature of 4/6

urgency, so that the Petitioner can conduct the meeting at Velusamypuram, Karur District by tomorrow ie., on 24.02.2024 at 5.00 p.m, with restrictions imposed by the Superintendent of Police, Karur. On receipt of the representation, the Superintendent of Police, Karur shall dispose of the petition submitted by the Petitioner by today itself.

10. With the above direction, this Writ Petition is disposed of. No costs. 23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr Note: Issue Order Copy on 23.02.2024.

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.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.4082 of 2024 Dated:

23.02.2024 6/6