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Madras High CourtWP(MD)/11176/2022disposed of

Rajiv Gandhi.C v. The Deputy Superintendent Of Police

2022-06-09Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM C.Rajiv Gandhi

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

...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 pertaining to the proceedings of the first respondent in Na.Ka.41/R1-PS/INS/SVG/2022 dated 01.06.2022 rejecting the permission for conducting Public Meeting schedule to be held at Kaalaiyarkovil, Theradithidal, Sivagangai District on 16.06.2022 and to quash the same as illegal and unconstitutional and for a further direction directing the respondents to give permission to conduct Public Meeting at Kaalaiyarkoil, Theradithidal, Sivagangai District on 16.06.2022 as scheduled. For Petitioner : Mr.G.Bhagavath Singh For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.side)

O R D E R

The petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the first respondent in Na.Ka.41/R1PS/INS/SVG/2022, dated 01.06.2022, rejecting permission for conducting Public Meeting schedule to be held at Kaalaiyarkovil, Theradithidal, Sivagangai District on 16.06.2022 and to quash the same as illegal and unconstitutional and for a further direction, directing the respondents to give permission to conduct Public Meeting at Kaalaiyarkoil, Theradithidal, Sivagangai District, on 16.06.2022.

2.Mr.M.Sakthi Kumar, learned Government Advocate (crl.side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the petitioner submitted that petitioner is the Committee Chairman of Tamil Desia Unarvalarkal 1/3

Kottamaippu. On 01.06.2022, the petitioner went to the first respondent's office and gave a representation to give permission for conducting a Public Meeting to celebrate the Sambuththeevu Declaration on 16.06.2022. After receiving the representation, the first respondent rejected the request of the petitioner and passed the impugned order dated 01.06.2022, in which, the first respondent has stated that the details of the participants were not given in the representation. Even though, the petitioners are ready to give the details of the participants, the first respondent is not ready to consider the petitioner's representation. Hence, the petitioner filed this present writ petition.

4.The learned Government Advocate (crl.side) submitted that the respondents are ready to consider the petitioner's representation, if the petitioner gives the required details of participants.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondents police. 6.Admittedly, the petitioner gave a representation to the first respondent, seeking permission for conducting meeting to celebrate Sambuththeevu Declaration on 16.06.2022. On perusal of the impugned order, it is seen that for want of particulars of participants in the meeting, the first respondent rejected the representation of the petitioner. Now, the first respondent is ready to consider the representation with the particulars of participants.

7.Under these circumstances, this Court is inclined to set aside the impugned order dated 01.06.2022 and the petitioner is directed to give a fresh representation to the first respondent, with all required particulars of participants. On receipt of the same, the first respondent is hereby directed to consider the representation, in the light of the guidelines issued by Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 and pass suitable orders.

8. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // 10/06/2022 Sub Assistant Registrar(CS-III) 2/3

To 1.The Deputy Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.BHAGAVATHI SINGH, Advocate ( SR-24756[F] dated 09/06/2022 ) 09.06.2022 SG(CO) GC(10.06.2022) 3P 5C 3/3