Pennyquik Irupoga Paasanam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP(MD)No.16496 of 2018 and WMP(MD)Nos.14618 and 14619 of 2018 Pennyquik Irupoga Paasanam Vivasayigal Neer Aatarangal paathukapu Sangam, (No.97/2018) through its presiddent K.Swaminathan ... Petitioner vs.

1. The Commissioner of Police, Madurai City, Madurai.

2. The Assistant Commissioner of Police, Thallakulam (Law and order) Range, Madurai.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorarified Mandamus calling for the records relating to the proceedings impugned order in Na.Ka.No.158/MLR/AC-TKM/L&O/2018 dated 22.07.18 on the file of the 2nd respondent and quash the same and further directing the respondents to permit the petitioner to conduct public meeting in the form of demonstration opposite to Anna Bus Stand near DRDA in Madurai on any other date and time as this Honble Court. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Rajarajan Government Advocate

O R D E R

This writ petition has been filed challenging the order passed by the 2nd respondent rejecting the application made by the petitioner Sangam for conducting demonstration and for a direction to the respondents to permit the petitioner Sangam to conduct public meeting in the form of demonstration at Anna Bus stand, Madurai.

2.The second respondent has filed a counter affidavit and in paragraph 3 of the Counter affidavit, it has been stated as follows:

https://hcservices.ecourts.gov.in/hcservices/ "3. I humbly submit that the petition forwarded to my office and received on 21.07.2018. And the same petition forwarded to

Inspector of Police Tallakulam L & O Police Stations offer for his remarks. The Inspector Police stated his remarks the petitioner request place is not permitable for conducting any kind of agitations like (public meeting, demonstration, etc) due to Government Hospital located in opposite to that place, and also always crowded that area for public movement. Only two places, 1.Pallivasal street, in Goripalayam, 2.Uchaparampumedu Junction are available for permitted for conducting Public meeting/demonstration/street corner meeting etc., If the petitioner will ask any permitted place ready to provide with conditions."

3.Learned Counsel for the petitioner would submit that the petitioner Sangam is willing to conduct public meeting in the form of demonstration at Palllivasal Street in Goripalayam. 4.The petitioner Sangam is permitted to give a fresh representation to the second respondent clearly specifying to hold a public meeting in the form of demonstration at Pallivasal Street in Goripalayam.

5.The second respondent immediately after receipt of the representation made by the petitioner Sangam, is directed to pass appropriate orders granting permission to the petitioner Sangam to hold a meeting in the above said place with necessary conditions, as may be imposed by the second respondent, within a period of one week from the date of representation made by the petitioner Sangam.

6.The writ petition is disposed of with the above directions. Consequently WMP(MD)Nos.14618 and 14619 of 2018 are closed. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Assistant Commissioner of Police, Thallakulam (Law and order) Range, Madurai.

+1cc to Mr.G.Prabhu Rajadurai, Advocate SR.No.77689 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.77734 Dsk MK/SKN/SAR 1/09.08.2018/2P/5C WP(MD)No.16496 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 07.08.2018