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Madras High CourtWP(MD)/10370/2025disposed of

Mohan v. The Superintendent Of Police

2025-04-16Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.10370 of 2025 Mohan ... Petitioner vs.

1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police Chinthamanipatti Police Station, Kulithalai circle, Karur district 3.The Sub Inspector of Police, Chinthamanipatti Police Station, Kulithalai circle, Karur district ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.02/Kaa.U.Aa/Chi.Ma.Kaa/2025 dated 27.03.2025 and quash the same as illegal and consequently, directing the respondents herein to grant permission to conduct the public meeting to create awareness for Page No. 1 of 6

abolition of alcohol dated 06.04.2025 at 4.00 p.m to 9.00 p.m or any other days nearby Tharagampatti Bus Stand, Kulithalai Taluk, Karur district. For petitioner :Mr.V.G.Vallarasu Chezhiyan For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl side) *****

O R D E R

This petition is filed by the petitioner to quash the impugned order passed by the third respondent in Na.Ka.No.

02/Kaa.U.Aa/Chi.Ma.Kaa/2025 dated 27.03.2025 and consequently, direct the respondents to grant permission to conduct the public meeting to create awareness for abolition of alcohol, dated 06.04.2025 at 4.00 p.m to 9.00 p.m or any other days nearby Tharagampatti Bus Stand, Kulithalai Taluk, Karur district.

2. The learned counsel for the petitioner would submit that the petitioner is the Union Secretary of Tamilar Desam Party at Kadavur South. They wanted to conduct awareness programme on 30.03.2025 and thereby, they sent a representation on 17.03.2025 to the third respondent, Page No. 2 of 6

but the third respondent rejected the same, through order, dated 27.03.2025 in Na.Ka.No.02/Kaa.U.Aa/Chi.Ma.Kaa/2025, without assigning any reason. Hence, he filed this petition.

3. The learned Additional Public Prosecutor (Crl side) for the respondents would submit that they received the representation of the petitioner, dated 17.03.2025 for conducting public meeting on 30.03.2025 at about 5.00 p.m., but the same was rejected by the third respondent, since the place, mentioned by the petitioner, is very busy area. Since the farmers used to conduct market on Sunday evening in that place, if permission is granted to the petitioner, it will affect the normalcy of the public. Therefore, if the petitioner wants to conduct the meeting except Sunday, they will consider the same.

4. This Court heard both sides and perused the records.

5. The petitioner wanted to conduct public meeting in front of the Tharagampatti Bus Stand on 30.03.2025 and the same was rejected without assigning any reason. However, the learned Additional Public Prosecutor (Crl side) for the respondents would submit that since Sunday Page No. 3 of 6

is fixed for market for the farmers, it will affect the normalcy of the public, if they are permitted to conduct public meeting on Sunday. Further, the learned counsel for the petitioner also, on instructions, agrees to conduct the public meeting on 21.04.2025. Since the third respondent passed the order without application of mind and without assigning any reasons, the order passed by the third respondent is liable to be set aside.

6. Considering the prayer sought for in this petition and the petitioner also agrees to conduct public meeting on 21.04.2025 and the respondents also have no objection to grant permission, recording the abovesaid submissions, this Court directs the second respondent to grant permission to the petitioner to conduct public meeting on 21.04.2025 in front of the Tharagampatti Bus Stand by imposing appropriate conditions.

7. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.

16.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To Page No. 4 of 6

1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police Chinthamanipatti Police Station, Kulithalai circle, Karur district 3.The Sub Inspector of Police, Chinthamanipatti Police Station, Kulithalai circle, Karur district 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J apd W.P.(MD) No.10370 of 2025 16.04.2025 Page No. 6 of 6