Madras High CourtWP(MD)/793/2018disposed of

National South Indian River v. The Government Of Tamil Nadu

2018-01-31Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.793 of 2018 and W.M.P.(MD)No.865 of 2018 National South Indian River Interlinking Agricultural Sangam, Represented by its, State President, P.Ayyakannu S/o.Ponnusamy, No.3, Malar Salai, Annamalainagar, Trichy-18.

...Petitioner

-Vs1.The Government of Tamilnadu, Represented by its, The Secretary, Home Department, St.George Fort, Chennai.

2.The Director General of Police, Chennai.

3.The Inspector General of Police, South Zone, Madurai.

4.The Inspector General of Police, Central Zone, Trichy.

5.The Inspector General of Police, West Zone, Coimbatore.

6.The Inspector General of Police, North Zone, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in Na.Ka.No.205341/Kamukam 4(2)/ 2017 dated 04.01.2018 and quash the same as illegal and also direct the 2nd respondent to grant permission to the Petitioner's Association to conduct farmers awareness march from Kanyakumari to Chennai from the month of Feb' 2018 for 100 days.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.Chellapandian Additional Advocate General Assisted by Mr.N.Shanmuga Selvam Additional Government Pleader for R1 to R6

ORDER

This writ petition has been filed to quash the impugned order passed by the second respondent, in Na.Ka.No.205341/Kamukam 4(2)/ 2017 dated 04.01.2018 and consequently to direct the second respondent to grant permission to the Petitioner's Association to conduct farmers awareness march from Kanyakumari to Chennai from the month of Feb' 2018 for 100 days.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that the petitioner is a State President of National South Indian River Interlinking Agricultural Sangam and in order to create awareness among the farmers with regard to interlinking of South Indian Rivers, the Petitioner's Association has decided to have march from Kanyakumari to Chennai from the month of February 2018 for 100 days and for that purpose, the petitioner gave a representation before the second respondent, seeking permission, but the second respondent has directed the petitioner to approach City Police Commissioners and the District Superintendant of Police of all the Districts, by the impugned order, dated 04.01.2018. He further submitted that it is very difficult for the petitioner to approach all the City Police Commissioners and the District Superintendant of Police of all Districts and get permission and hence he is requesting this Court to direct the second respondent to consider the petitioner's representation and pass appropriate order.

4.The learned Additional Advocate General has submitted that since the second respondent is being the Head of the Police Department, he is very busy in the Administrative work. So, he may not find time to collect the particulars from all the Commissioners and Superintendents of Police and pass order on the representation submitted by the petitioner. He further submitted that the petitioner may be directed to approach the respondents 3 to 6.

5.Considering the aforesaid submissions, the petitioner is directed to prepare a chart, containing full particulars of programme and also containing the dates and routes, through which, the Petitioner's Association is proposed to conduct procession and

submit the same before the respondents 3 to 6 along with an affidavit stating that they will not indulge in picketing, road rokho and that they will not create any law and order problem. The petitioner should submit the said representation and affidavit well in advance by giving 10 days time. On receipt if the said representation, the respondents 3 to 6 have to consider the same and pass appropriate orders within one week thereafter. 6.With the aforesaid observation, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Crl. side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, The Government of Tamilnadu, Home Department, St.George Fort, Chennai.