Ahamed Bilal v. The Supdt. Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2015
CORAM
THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.158 of 2015 AHAMED BILAL .. PETITIONER Vs.
1.
THE SUPERINTENDENT OF POLICE, DISTRICT SUPERINTENDENT OF POLICE OFFICE, TIRUNELVELI.
2.
THE DEPUTY SUPERINTENDENT OF POLICE, TIRUNELVELI, TIRUNELVELI.
3.
THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, PULIYANKUDI, TIRUNELVELI.
.. RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the Respondent NO.3 in Na.Ka.No.02 /P1PS/2015 dated 04.01.2015 and quash the same as unlawful and consequently direct the Respondents NO.1 and 2 to grant permission to the Petitioner to organize the public meeting at Keela Pallivasal Big Street Puliyankudi on 15.01.2015. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.R.Karthikeyan, Additional Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.
2. By consent of both parties, the writ petition is taken up for final hearing.
3.The petitioner aggrieved against the rejection order passed by the third respondent for conducting a public meeting, has come forward with this writ petition.
4. According to the petitioner, they will conduct the meeting in a lawful manner and they will not create any law and order problem and they will do it very peacefully without affecting anybodies right in infringing the other parties sentiments. But unfortunately, the authorities without giving an opportunity of hearing of the petitioner, rejected their representation. Therefore, the petitioner has filed this writ petition.
5. Today, the concerned officer is present in Court, who would contend that because it was during the period of Pongal and since the police were all engaged in bandobust duties, they refused permission for the particular day, but they had given alternative days.
6. On the basis of the above, today the petitioner offered that they are prepared to do the public meeting on 18.01.2015 i.e. on Sunday, after the Pongal festival. For which, the police have no serious objection, but they sought that permission may be given only with specific conditions and if there is any law and order problem, the petitioner should be held responsible for all the activities.
7. Considering the fact that the petitioner has agreed to have the meeting on 18.01.2015, this Court directs the Police to grant permission to conduct the public meeting on 18.01.2015 between 6.00 p.m. to 8.00 p.m. only at Keela Pallivasal Big Street, Puliyankudi. The meeting will be conducted in a peaceful manner and the petitioner will not in any way take out any processesion and not to put up any flex board or banner affecting the sentiments of any caste or creed and they will be held responsible for any untoward incidents and Videography of the meeting will be taken in the presence of the police and the copy of the same should be handed over to the police immediately after the meeting is over. The petitioner will submit the re-application today itself along with the copy of the order and the authorities will pass appropriate orders granting permission to conduct the public meeting on 18.01.2015 between 6.00 p.m. to 8.00 p.m. at Keela Pallivasal Big Street, Puliyankudi, mentioning the aforesaid conditions and any other conditions as the case may be.
8. With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(T & P) /True Copy/ Sub-Assistant Registrar
To
1. THE SUPERINTENDENT OF POLICE, DISTRICT SUPERINTENDENT OF POLICE OFFICE, TIRUNELVELI.
2. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUNELVELI, TIRUNELVELI.
3. THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, PULIYANKUDI, TIRUNELVELI.
+1CC TO MR.S.M.A.JINNAH, ADVOCATE, IN SR. NO.1039. +1CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.977. W.P(MD).No.158 of 2015 08.01.2015 rj2 msm 09.01.2015 p3/6c