T.Niruban Bass v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.[MD]No.16424 of 2018 T.Niruban Bass : Petitioner Vs.

1.The Superintendent of Police, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, praying to call for the records pertaining to Na.Ka.No.183/Camp/SDO-M/2018 dated 21.07.2018 passed by the second respondent and quash the same as illegal and consequently direct the respondents to grant permission for conducting agitation / demonstration on the basis of the representation dated 18.07.2018.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.B.Bhagawathi Government Advocate

O R D E R

This writ petition has been filed challenging the order of the second respondent refusing to permit the petitioner to conduct agitation / demonstration and for a direction to the respondents to permit the petitioner to conduct agitation / demonstration on 19.08.2018.

2.The learned Counsel for the petitioner would submit that the agitation / demonstration is with regard to expressing the protest against the Government for permitting sand quarrying and to explain the general public about the danger of depletion of the ground water. The learned Counsel would further submit that there is absolutely no reasonableness in the rejection of the permission. The learned Counsel for the petitioner would further submit that the https://hcservices.ecourts.gov.in/hcservices/

petitioner is prepared to conduct the agitation / demonstration in any other place that may be suggested by the third respondent police.

3.Per contra, the learned Government Advocate would submit on instructions that the petitioner can conduct the agitation / demonstration on 19.08.2018 between 4.00 p.m. to 6.00 p.m., at the Taluk office, Thiruppuvanam. The petitioner should also give the list of persons who are going to participate in the said agitation / demonstration on the said day.

4.Recording the submissions made by the learned Government Advocate, the petitioner is permitted to conduct the agitation / demonstration on 19.08.2018 between 4.00 p.m. to 6.00 p.m., at the Taluk office, Thiruppuvanam, by furnishing the list of persons who are attending the agitation / demonstration on the said day before the third respondent. The petitioner shall ensure that the agitation / demonstration is carried on in a peaceful manner and that there is no scope for law and order problem being created in the course of agitation / demonstration. The third respondent shall also ensure that the agitation / demonstration goes on in a peaceful manner without giving rise to any law and order problem. 5.The Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(Crl. side) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

+1cc to M/S.C.Senthil Murugan, Advocate SR.No. 79001 +1cc to Special Government Pleader, SR.No. 79146 W.P.[MD]No.16424 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/ mr JM/SKN RSK/SAR 4/20.08.2018/2P/6C