Dr.M.Deivanayagam v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 06.07.2018

CORAM

THIRU HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD).No.14465 of 2018 Dr.M.Deivanayagam ... Petitioner Vs.

1.The Collector, Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

... Respondents PRAYER: Writ petition filed under Article 226 of Constitution of India, for the issuance of Writ of Mandamus, to consider the reminder representation dated 30.06.2018 and direct the 2nd respondent to grant permission to conduct public meeting on 14.07.2018 between 5.00 p.m and 8.00 p.m. at any place within Thoothukudi to the convenience of administration of 2nd respondent. For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.M.Karuppasamy, Government Advocate

O R D E R

This writ petition is filed for issue of a Writ of Mandamus, to direct the 2nd respondent to grant permission to conduct public meeting on 14.07.2018 between 5.00 p.m and 8.00 p.m. at any place within Thoothukudi to the convenience of administration of 2nd respondent by considering the representation of the petitioner dated 30.06.2018.

2.Heard both sides.

3.According to the petitioner, the petitioner's organisation is a registered organisation and he made a representation dated 30.06.2018 to grant permission to conduct a meeting on 14.07.2018 at any place in Thoothukudi to the convenience of the Administration of the second respondent. The second respondent has denied the permission to conduct the meeting in indoor or in the open place. Further, it has been submitted that the petitioner has undertaken https://hcservices.ecourts.gov.in/hcservices/

before the second respondent that approximately a total number of not exceeding more than 70 persons would participate in the meeting. Further it is also submitted that the date of meeting and place of meeting also be considered by the second respondent. 4.Mr.K.Chellapandian, learned Additional Advocate General assisted by Mr.M.Karuppasamy, learned Government Advocate, for the respondents in the light of the aforesaid submissions made by the petitioner, would submit that the petitioner shall make a fresh application to the second respondent and the same will be considered by the second respondent by granting permission to conduct meeting at the place in which the petitioner has requested in his representation or in other place to be identified by the second respondent. Further, in this regard, the petitioner has to submit an undertaking affidavit before the second respondent and in the event of permission is granted further conditions will be imposed by the respondent.

5.By considering the submissions made by the learned counsel on either side, this Court is inclined to pass the following order. 1.The petitioner shall make a application to the second respondent/Superintendent of Police, Tuticorin on or before 10.07.2018.

2.On receipt of the such application and undertaking affidavit to be filed by the petitioner, the second respondent is directed to consider the petitioner's representation and pass appropriate orders within three days, thereafter, in accordance with law.

6.This Writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Collector, Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

+1cc to Mr.V.Rajiv Rufus, Advocate, SR.No.71604. W.P(MD).No.14465 of 2018 06.07.2018 TM RAM/SV/SAR 4/09.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/