Chinnakaruppan v. The Superintendent Of Police
W.P.(MD)No.4325 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4325 of 2020 Chinnakaruppan ... Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Deputy Superintendent of Police, Oddanchattiram Range, Dindigul District.
3.The Inspector of Police, Oddanchattiram Police Station, Dindigul District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records connected with the impugned order passed by the second respondent in Na.Ka.No.37/x.c.Nfh./2020 dated 26.02.2020 and quash the same as illegal, and consequently to direct the respondents to grant permission for conduct of public meeting on 01.03.2020 at 05.00 pm., or any other earliest possible date near Karthick Theatre, Oddanchattiram, Dindigul District. For Petitioner : Mr.R.Alagumani For Respondents : Ms.M.Ananthadevi Government Advocate (Crl.side)
O R D E R
The petitioner is an office bearer of a political party. He wants to hold a public meeting near Karthick Theatre, Ottanchattiram, Dindigul District. The petitioner's request was rejected by the second respondent vide order dated 26.02.2020. Challenging the same, this writ petition has been filed. 2.Heard the learned counsel on either side.
3.The object of the meeting is to protest against the recent amendment made in the Citizenship laws. I am of the view that the petitioner is having a fundamental right to organize meeting and voice his protest. It is not in dispute that the place near Karthick theatre, Ottanchathram is the usual place, where such meetings are organized.
Merely because the subject matter pertains to Citizenship Amendment Act (CAA), the second respondent cannot deny permission for the same. The reasons given in the impugned order https://hcservices.ecourts.gov.in/hcservices/ 1/3
W.P.(MD)No.4325 of 2020 are rather general and stereotyped. Therefore, the impugned order passed by the second respondent in Na.Ka.No.37/x.c.Nfh./2020 dated 26.02.2020 is set aside.
4.The second respondent is directed to issue proceedings permitting the petitioner to hold a meeting on 18.03.2020 near Karthick Theatre, Ottanchathram. The petitioner states that the meeting will start exactly at 06.00 pm., and conclude at 09.00 pm. The petitioner firmly states that a number of participants will not exceed 200. He also states that the speakers will not speak in a manner that may vitiate the communal atmosphere. No one will speak against National integrity or sovereignty. The second respondent is at liberty to incorporate appropriate conditions to ensure the smooth and peaceful conduct of the event. The petitioner agrees to obey by the same. If the undertaking given by the petitioner is breached, it will be open to the second respondent to take action as per law.
5.The writ petition is allowed on these terms. No costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Deputy Superintendent of Police, Oddanchattiram Range, Dindigul District.
3.The Inspector of Police, Oddanchattiram Police Station, Dindigul District.
+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-10497[F] dated 06/03/2020 ) W.P.(MD)No.4325 of 2020 05.03.2020 KK/16.03.2020/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/ 2/3