← Library
Madras High CourtWP(MD)/6666/2025disposed of

Athi.Ela.Arivudai Nambi v. The Deputy Superintendent Of Police

2025-03-13Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Athi.Ela.Arivudai Nambi ... Petitioner Vs

1. The Deputy Superintendent Of Police, Thanjavur Town Division, Thanjavur, Thanjavur District.

2. The State of Tamil Nadu, Rep. by its The Sub Inspector of Police, East Police Station, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to consider the petitioner's representation dated 06.03.2025 consequently to give permission to gather and protest in peaceful manner in the place of Near Panagal Building, Thanjavur District on 12.03.2025 or any other date.

For Petitioner : Mr. K.Prabakaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/6

O R D E R

This Writ Petition has been filed to direct the respondents to consider the petitioner's representation, dated 06.03.2025 and to give permission to gather and protest in peaceful manner in the place of near Panagal Building, Thanjavur District on 12.03.2025 or any other date.

2. According to the petitioner, the Party members decided to conduct a protest in a peaceful manner on 12.03.2025 near Panagal Building, Thanjavur District. In this regard, he has sent a representation to the respondents on 06.03.2025 and the same has not been considered. Hence, this petition. However, after filing of this writ petition, the representation of the petitioner has been rejected by the respondents on 11.03.2025.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have received the representation of the petitioner to conduct protest near Panagal Building, Thanjavur District on 12.03.2025 and the same was rejected on 11.03.2025 on the ground that it would cause hindrance to the general public to do their day-to-day affairs, would also cause law and order problem and when 2/6

Section 30(2) of Police Act is in force. More over, the date sought for conducting protest is 12.03.2025 and the same is already over. Therefore, nothing survives for further adjudication. 4.This Court heard the learned counsel on either side and perused the materials available on record.

5.According to the petitioner, they have decided to conduct protest near Panagal Building, Thanjavur District on 12.03.2025 and the representation sent by the petitioner on 06.03.2025 was rejected by the respondents only after filing of this petition on 11.03.2025. The place sought for the petitioner ie., Panagal Building, Thanjavur District is earmarked by the Government authorities for conducing Dharna / Protest. However, the first respondent has rejected the request of the petitioner. 6.Since the Panagal Building area is earmarked by the Government to conduct Dharna / Protest, the 1st respondent cannot deny to give permission on the ground of law and order problem. Therefore, the 1st respondent ought to have given permission to conduct protest. However, the date of protest was already over, therefore it is appropriate 3/6

to direct the petitioner to approach the 1st respondent with a fresh representation for any future date to conduct protest. 7.Since the date on which permission was sought for by the petitioner is over, there is no need for this Court to set aside the rejection order.

8.In view of the above, the petitioner is directed to submit a fresh representation before the 1st respondent for any future date to conduct protest at Panagal Building, Thanjavur District. If any such application is filed, the 1st respondent shall consider and pass appropriate orders by imposing appropriate conditions.

9.With the above observations and directions, this petition stands disposed of.

13.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Note: Issue order copy on 14.03.2025 PNM 4/6

To

1. The Deputy Superintendent Of Police, Thanjavur Town Division, Thanjavur, Thanjavur District.

2. The State of Tamil Nadu, Rep. by its The Sub Inspector of Police, East Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P.DHANABAL , J.

PNM ORDER IN 13.03.2025 6/6