P.Hariharan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2015 CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition (MD) No.2545 of 2015 and MP(MD)No.1 of 2015 P.Hariharan ... Petitioner Vs.
1.The District Collector, Tiruchirapalli District - 620 001.
2.The Commissioner of Police, Subramaniyapuram, Pudukottai Main Road, Tiruchirapalli District - 620 001.
3.The Divisional Engineer, Construction and Maintenance, State Highways, Manarpuram, Tiruchirapalli District - 620 020.
4.The Assistant Divisional Engineer, Construction and Maintenance, State Highways, Manarpuram, Tiruchirapalli District - 620 020.
... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandmaus directing the respondents to restrain and prevent holding of any kind of meetings at the public road (GST Chinthamani bye pass road) situate at TS No.58/3 and 63/1B, Block 21, Ward A, New Ward F, near Chatiram Bus Stand, Melachinthamani Village, Srirengam Taluk, Tiruchirappalli District.
For Petitioner : M/s.J.Maria Roseline For Respondents : Mr.B.Pugalendhi Special Government Pleader
ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.) The petitioner has come up with the above Public Interest Litigation seeking a mandamus to direct the respondents to prevent the holding of any kind of public meetings in the GST- Chinthamani bye pass road, near Chatiram bus stand in Melachinthamani Village, Srirengam Taluk, Tiruchirappalli District.
2.Heard Ms.Maria Roseline, learned counsel for the petitioner and Mr.B.Pugalendhi, learned Special Government Pleader appearing for the respondents.
3.The learned Special Government Pleader today produced a copy of the proceedings of the Commissioner of Police, Tiruchirapalli City bearing C.No.146/IS/X/COP/TRC/2015 dated 08.05.2015. From the proceedings so produced it is seen that the Tiruchirapalli City has got 12 police stations. The areas come within the jurisdiction of those police stations have been surveyed and certain places have been identified as places where public meetings could be permitted.
4.The place in respect of which the petitioner has come up with the above writ petition falls within the jurisdiction of the Fort police station. In so far as the Fort police station is concerned, the Commissioner has identified Sanjeevi Nagar Corporation auditorium as the place for permitting public meetings to be conducted. He has also identified the place near Anna statue, Melachinthamani as the place where agitation/demonstration could be allowed. The objection of the petitioner is to the allowing of anything near this public place, as there are schools, malls and a bus stand nearby. It is also a transit road. Therefore, the Commissioner of Police is directed to re-examine the issue with respect to the place in question and after assessing the traffic load in the area and the importance of moment of traffic, the Corporation Commissioner shall pass fresh orders within a period of four weeks. While passing orders, the Commissioner shall also take into account the objections already lodged by the Divisional Engineer, Highways in Ku.No.553/2013/A5 dated 15.04.2013.
5.The writ petition is disposed of accordingly. No costs. Consequently, connected MP(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Tiruchirapalli District - 620 001.
2.The Commissioner of Police, Subramaniyapuram, Pudukottai Main Road, Tiruchirapalli District - 620 001.
3.The Divisional Engineer, Construction and Maintenance, State Highways, Manarpuram, Tiruchirapalli District - 620 020.
4.The Assistant Divisional Engineer, Construction and Maintenance, State Highways, Manarpuram, Tiruchirapalli District - 620 020.
Copy to:
The Commissioner, Corporation of Tiruchirapalli Tiruchirapalli.
+1 CC to the Special Government Pleader SR No.67956 +1 CC to M/s.J.Maria Roseline, Advocate, SR No.68078 Writ Petition (MD) No.2545 of 2015 26.11.2015 mj SH/GSV-AN:10.12.2015:3P/8C