Madras High CourtWP(MD)/5348/2020allowed

R.K.Pandi Mallar v. The Deputy Superintendent Of Police

2020-03-13Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.5348 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5348 of 2020 R.K.Pandi Mallar ... Petitioner Vs 1.The Deputy Superintendent of Police, Andipatti Sub Division, Theni District.

2.The Inspector of Police, Andipatti Police Station, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.08/ka.Thu.Ka/Andipatti/2020, dated 09.03.2020 and quash the same and consequently direct the respondents to permit the petitioner's organization to conduct the Hunger Strike on 13.03.2020 between 09.30 a.m to 05.00 pm at the back side of M.G.R. Statue, Andipatti - Vaigai Dam Road. For Petitioner : Mr.K.Seemaraj For Respondents : Mrs.M.Ananthadevi Govt. Advocate (Crl. Side)

ORDER

The petitioner is the Treasurer of an organization known as Makkal Viduthalai Katchi. They have certain demands and in order to highlight the same, the petitioner's organization wants to hold a hunger strike near M.G.R. Statue in Andipatti - Vaigai Dam Road. 2.It is not in dispute that the said site is the usual place where such hunger strike and dharnas are conducted. I am therefore of the view that the denial of the said request is not justified. However, the petitioner's organization will have to subject themselves to certain terms.

The petitioner's counsel on instructions states that the hunger strike will be held on 23.03.2020 between 09.30 a.m., to 05.30 p.m. The number of participants will not exceed 300 persons. The decibel levels of the amplifier will not exceed the permissible limits. The speakers will https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5348 of 2020 not make hate speeches or incite violence. Nothing prejudicial to national integrity and sovereignty of India will be done. 3.In this view of the matter, this writ petition is allowed. No costs.

Sd/- Assistant Registrar /TRUE COPY/ / /2020 Sub Assistant Registrar To:

1.The Deputy Superintendent of Police, Andipatti Sub Division, Theni District.

2.The Inspector of Police, Andipatti Police Station, Theni District.

+1. C.C. to M/S.K.SEEMARAJ, Advocate SR.No. 11668 W.P.(MD)No.5348 of 2020 13.03.2020 IAS JM/PN/SAR 4/17.03.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2