Madras High CourtWP(MD)/6552/2023disposed of

Vasanthakumar. T v. Government Of Tamil Nadu

2023-03-27Honourable Mr Justice G.Ilangovan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD).No.6209 of 2023 T.Vasanthakumar ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by Home Secretary, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

3.The District Collector, Tuticorin District.

4.The Commissioner, Tuticorin Corporation, Tuticorin District.

5.The Superintendent of Police, Tuticorin District, Tuticorin.

6.The Inspector of Police, Thenpakkam Police Station, Tuticorin.

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7.The Inspector of Police, Mathiappakkam Police Station, Tuticorin.

8.The Inspector of Police, Vadapakkam Police Station, Tuticorin.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order, dated 20.03.2023 made in vide NO.C.No.4/Forecast/B2PS/TUT/2023 passed by the 3rd respondent and quash the same as null and void and consequentially directing the respondents more particularly the 5th respondent to give permission to the petitioner to conduct State Conference of Indu Makkal Katchi-Tamizhagam to conduct function at Abirami Mahal, Tuticorin on 01.04.2023 between 10.00 a.m. and 08.00 p.m., and State Conference of Indu Makkal Katchi - Tamizhagam to be held on 02.04.2023 between 03.00 p.m., and 08.00 p.m., near Chidambaram Nagar Bus Stand, Tuticorin and also give adequate police protection to the conference and its participants.

For Petitioner : Mr.N.Anantha Padmanabhan Senior Counsel for Mr.B.Ayyaswamy 2/7

For Respondents : Mr.B.Nambiselvan for R1 to R3 & R5 to R7 Additional Public Prosecutor Mr.N.Ananthakumar for R4 Standing Counsel

O R D E R

This writ petition has been filed challenging the impugned order, dated 20.03.2023 made in vide NO.C.No.4/Forecast/B2PS/TUT/2023 passed by the 3rd respondent, consequentially, seeking direction to the respondents more particularly the 5th respondent to give permission to the petitioner to conduct State Conference of Indu Makkal KatchiTamizhagam to conduct function at Abirami Mahal, Tuticorin on 01.04.2023 between 10.00 a.m. and 08.00 p.m., and State Conference of Indu Makkal Katchi - Tamizhagam to be held on 02.04.2023 between 03.00 p.m., and 08.00 p.m., near Chidambaram Nagar Bus Stand, Tuticorin and also give adequate police protection to the conference and its participants.

2.Mr.B.Nambiselvan, learned Additional Public Prosecutor, takes notice on behalf of the respondents 1 to 3 & 5 to 7. He would submit that the representation given by the petitioner seeking permission and 3/7

police protection to conduct the meeting was rejected by the respondents. He would further submit that with regard to conducting the meeting indoor in the above said proposed place on 01.04.2023, they have no objection. But with regard to the procession and out door meeting proposed to be conducted on 02.04.2023, they have raised objection, since there will be a chance of creating law and order problem in that area. He would further submit that if any fresh representation is made by the petitioner to that effect, it will be considered by the respondents. 3.The learned Senior counsel appearing for the petitioner would submit that they are not going conduct any procession and out door meeting and they have given up the same. He would further submit that they are also ready to give an undertaking affidavit before the respondent police assuring that there will be no law and order problem during that time.

4.Let the petitioner give a fresh representation along with an undertaking affidavit before the 7th respondent. On receipt of such representation along with the above said undertaking affidavit from the petitioner, the 7th respondent shall pass appropriate orders forthwith, 4/7

permitting the petitioner only to conduct the indoor meeting on 01.04.2023 by imposing appropriate conditions. 5.With the above said directions this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM Note : Issue order copy today (27.03.2023) To 1.The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.