Ayyakannu.P v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN P.Ayyakannu ... Petitioner Vs.
1.The Government of Tamilnadu, Rep. by its Secretary, Home Department, St.George Fort, Chennai.
2.The Commissioner of Police, Trichy City, Trichy.
3.The Inspector of Police, Fort Police Station, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent proceedings No. 13/Ka.Aa/Ko.Ka.Nee/Thi.Ma/2023 dated 11.04.2023 and quash the same 1/6
as illegal and direct the respondents to permit the petitioner association to conduct "Kathiruppu Porattam" near the Anna Statue at Chintamani, Trichy for 30 days peacefully.
For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records of the third respondent proceedings No.13/Ka.Aa/Ko.Ka.Nee/Thi.Ma/2023 dated 11.04.2023 and quash the same as illegal and direct the respondents to permit the petitioner association to conduct "Kathiruppu Porattam" near the Anna Statue at Chintamani, Trichy for 30 days peacefully.
2. Mr.B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. When the matter is taken up for hearing on 05.06.2023, the learned Additional Public Prosecutor appearing for the respondent police 2/6
submitted that the above said place is heavy traffic area and if demonstration or protest is conducted in that place, it may cause inconvenience to the public and traffic, on that ground he wants to file a counter. Thereafter, this Court also suggested the petitioner to suggest an alternative place for conducting the above said demonstration or the protest as the case may be.
4. In reply to the above said suggestion, the learned counsel for the petitioner is ready to abide any of the alternative place to be suggested by the respondent police. Therefore, this Court adjourned the matter 08.06.2023 (Today).
5. Today, the learned Additional Public Prosecutor appearing for the respondent police suggested the Old Collector Office for conducting the demonstration or the protest as the case may be and also submitted that the dates alone will be restricted, at the time of considering the petitioner's representation.
6. The petitioner is hereby directed to give fresh representation to the third respondent by incorporating time, within a period of one week 3/6
from the date of receipt of a copy of this order. Thereafter, the representation shall be disposed of by imposing restriction with regard to the dates.
7. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 11.04.2023 vide his proceedings in 13/Ka.Aa/Ko.Ka.Nee/Thi.Ma/2023 is hereby set aside. 08.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta 4/6
To 1.The Government of Tamilnadu, Rep. by its Secretary, Home Department, St.George Fort, Chennai.
2.The Commissioner of Police, Trichy City, Trichy.
3.The Inspector of Police, Fort Police Station, Trichy.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J tta Order made in Dated : 08.06.2023 6/6