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Madras High CourtWP Crl.(MD)/1343/2026disposed of

S.Thiruvikka v. The Superintendent Of Police,

2026-03-06Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl(MD)No.1343 of 2026 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, Vangal Police Station, Karur District.

... Respondents PRAYER :-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.03/Kaa.Aa/Vangal Police Station dated 21.02.2026 passed by the 3rd respondent as illegal and quash the same and consequently direct the respondents to grant permission to conduct condemnation meeting on 08.03.2026 at Vangal Bazzar Street, Manmangalam Taluk, Karur District within a time frame fixed by this Court.

For Petitioner : Mr.J.Senthil Kumaraiah 1/6

For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

Seeking to quash the impugned order dated 21.02.2026 passed by the 3rd respondent and consequently direct the respondents to grant permission to conduct condemnation meeting on 08.03.2026 at Vangal Bazzar Street, Manmangalam Taluk, Karur District, this writ petition is filed.

2. The learned counsel for the petitioner submitted that, in order to protest against the illegal ongoing mining in the Amaravathi river bed, the petitioner had made a representation to the 3rd respondent seeking permission to conduct the protest at Vangal Bazzar Street, Manmangalam Taluk, Karur District, which was rejected. Hence, this writ petition.

3. The learned Additional Public Prosecutor categorically contended that earlier the petitioner had filed a writ petition before this Court and only on the permission of this Court to conduct a protest with 100 persons, they had conducted a protest. Already for the same issue, on 2/6

13.02.2026 they clearly violated the mandates of this Court and more than 500 persons had participated and had also ended in verbal altercations and physical altercation with the respondent police. Pursuant to which, F.I.R in Crime No.41 of 2026 was registered on the file of the Vengamedu Police Station on 13.02.2026 and that apart, on the date which is sought to be required by the petitioner to conduct protest has also expired, and hence this writ petition should be dismissed as infructuous.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. Article 19(1)(a) and 19(1)(b) of the Constitution guarantee freedom of speech and expression, and the right to peaceful assembly without arms. These rights can be restricted only by reasonable restrictions provided by law. The Hon'ble Supreme Court has consistently held that peaceful protest is a recognized democratic right, and criminal prosecution cannot be launched unless the alleged act squarely falls within the ingredients of a penal offence. 3/6

6. The petitioner is an active leader of the prominent opposition party of the State of Tamil Nadu and he has made a representation for conducting a protest. Protest being fundamental right guaranteed by the Constitution, the petitioner is directed to make a fresh representation to the 3rd respondent police. In this regard, the 3rd respondent police is directed to afford appropriate permission for the conduct of protest. It is made clear that the petitioner and his party members will not enter in any verbal or physical altercation against the respondent police and should conduct a peaceful protest and they have to abide by all the conditions made by the 3rd respondent police.

7. With the above directions, this Writ Petition stands disposed of. 06.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 4/6

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, Vangal Police Station, Karur District.

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

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L.VICTORIA GOWRI,J gbg W.P.Crl(MD)No.1343 of 2026 06.03.2026 6/6