Madras High CourtWP(MD)/11569/2022disposed of

Senthilraj.A v. The Superintendent Of Police

2022-06-14Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM A.Senthilraj

...Petitioner

Vs.

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

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

3. The Sub Inspector of Police, Thirupuvanam 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, calling for the records relating to the impugned proceedings of the second respondent in Na.Ka.No.18/Kaa/Aa/Thirupu/ 2022, dated 27.05.2022 quash the same and consequently direct the respondents to grant permission for public meeting scheduled to be conducted on 19.06.2022.

For Petitioner : Mr.Muthu Ganesa Pandian K For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the second respondent in Na.Ka.No.18/Kaa/Aa/Thirupu/2022, dated 27.05.2022 to quash the same and consequently to direct the respondents to grant permission for public meeting scheduled to be conducted on 19.06.2022.

2.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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3. The learned counsel appearing for the petitioner submitted that the petitioner is acting as a State Youth Deputy Secretary in the Moovendar Munnetra Kazhagam. The petitioner and the members have decided to celebrate the death anniversary and to conduct the public meeting for the memorial of demised leader Misa.Thennavan at Thiruppuvanam Market ground. In this regard, the petitioner sought permission of the respondent police by giving a representation dated 20.05.2022 to conduct the public meeting and the same was dismissed by the respondent police by proceedings dated 27.05.2022. Challenging the same, the present writ petition has been filed for the above said relief.

4. The learned counsel for the petitioner further submitted that the petitioner and the members will ready to give an undertaking that they will not create any problem. Therefore, they may be permitted to conduct public meeting for the memorial of demised leader Misa.Thennavan at Thirupuvanam Market ground.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner seeks permission to conduct the said meeting to celebrate the Annual death ceremony of Misa.Thennavan at Thirupuvanam Market ground, wherein, there is already a law and order problem. Therefore, the request of the petitioner was rejected.

6. The learned Government Advocate further submits that they are ready to consider the petitioner's representation, if they choose any other place.

7. Now, the learned counsel for the petitioner submitted that they are ready to choose another place and also ready to give an undertaking that they will not create any problem for celebrating the public meeting.

8. I have considered the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondents.

9. The previous applications made by the petitioner were dismissed on the ground that there is a law and order problem in that place. In the circumstances, now, the petitioner is ready to choose another place to conduct the public meeting and give an undertaking that they will not create any problem. The respondent police is also ready to consider the same.

10. It is brought to the notice of this Court that the Director General of Police, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout the state of Tamil Nadu for 2/3

consideration of applications, seeking permission for conducting Public meeting. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the petitioner is directed to give a fresh representation, seeking permission to conduct the public meeting to celebrate the Annual death ceremony of Misa.Thennavan to the second respondent. On receipt of the same, the second respondent police is hereby directed to consider the representation to be given by the petitioner and pass suitable orders thereon based on the above said circular.

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

Sd/- Assistant Registrar (Crl Side) // True Copy // 16/06/2022 Sub Assistant Registrar(CS) ebsi To

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

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

3. The Sub Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

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

+1 CC to M/s.K. MUTHU GANESA PANDIAN, Advocate ( SR-25663[F] dated 14/06/2022 ) 14.06.2022 MGJ(16.06.2022) 3P 6C 3/3