R.Kumarn, v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.14024 of 2018 and W.M.P.(MD)No.12725 of 2018 R.Kumaran ... Petitioner Vs.

1. The Commissioner of Police, Madurai City, Alagarkovil Road, Madurai.

2. The Assistant Commissioner of Police, Thilagar Thidal Division, Madurai City, Madurai.

3. The Inspector of Police, Subramaniyapuram Police Station, Madurai.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent pertaining to his proceedings in Na.Ka.No.77 / 18 dated 28.06.2018 and quash the same and consequently, direct the respondents herein to grant permission to conduct the Public Meeting to be held on 01.07.2018 at Palanganatham, Near Jeyam (old Natraj theater) Theater, Madurai at about 06.00 p.m., to 10.00 p.m., condemning the police shoot out against the innocent public, it is a place, where public assemble and all communities, political parties and social movements have conducted their respective public meetings without causing any disturbance to public order.

For Petitioner : Mr.M.Maran For Respondents : Mr.Chellapandian, Additional Advocate General, Assisted by Mr.P.Kannidevan, Additional Government Pleader

O R D E R

This Writ Petition has been filed to call for the records of the 2nd respondent pertaining to his proceedings in Na.Ka.No.77 / 18 dated 28.06.2018 and quash the same and consequently, direct the respondents herein to grant permission to conduct the Public Meeting to be held on 01.07.2018 at Palanganatham, Near Jeyam (old Natraj theater) Theater, Madurai at about 06.00 p.m., to 10.00 p.m., condemning the police shoot out against the innocent public, it is a place, where public assemble and all communities, political parties and social movements have conducted their respective public meetings without causing any disturbance to public order.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents.

3.According to the petitioner, the petitioner has made a representation to the second respondent on 18.06.2018 seeking permission to conduct Public Meeting at Palanganatham, Near Jeyam (old Natraj theater) Theater, Madurai at about 06.00 p.m., to 10.00 p.m., on 01.07.2018.

The said representation of the petitioner was rejected by the second respondent on the ground that there is a likelihood of law and order problem. Challenging the same, the present writ petition has been filed by the petitioner before this Court with the aforesaid prayer. 4.Though the larger relief is sought for in this writ petition, the learned counsel appearing for the writ petitioner is now restricting his prayer by stating that it would suffice that if permission is granted to the petitioner to make a fresh representation seeking permission to conduct demonstration. Further, it is submitted that the petitioner also undertakes to furnish the particulars of the participants in the demonstration before the third respondent at the time of submitting the fresh representation.

5.The learned Additional Advocate General appearing for the respondents would submit that if such representation is received by the third respondent, the same shall be considered by the third respondent in accordance with law within the time to be stipulated by this Court.

6.Therefore, in the light of the aforesaid submission made by both sides, the petitioner is directed to make a fresh representation to the third respondent on or before, 13.07.2018. If such representation is received by the third respondent, the same shall be considered in accordance with law within a period of two days from the date of receipt of the said representation. It

is open to the third respondent to impose usual conditions for conducting demonstration.

7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Alagarkovil Road, Madurai.

2. The Assistant Commissioner of Police, Thilagar Thidal Division, Madurai City, Madurai.

3. The Inspector of Police, Subramaniyapuram Police Station, Madurai.

+1cc to Mr.M.Maran, Advocate Sr.No.72592 TA VB/RP/SAR4/20.07.2018/3P/5C W.P.(MD)No.14024 of 2018 12.07.2018