New Confident Association (Nca v. The State Rep. By Inspector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.13239 of 2017 New Confident Association (NCA), Rep. by its Secretary Mr.K.Arun Amalraj, No.5, N.M.K. Colony, Main Road, T.V.S. Tollgate, Trichy.
.. Petitioner Vs.
1.The State, Rep. by Inspector of Police, Cantonment Police Station (Law & Order), Trichy.
2.The Commissioner of Police, Trichy City, Trichy.
3.The Assistant Commissioner of Police, (Law & Order), Cantonment, Trichy.
.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to grant permission for peaceful march with candle organized by the petitioner Association, from the St.John's Vestry Higher Secondary School, Trichy roundana nearby Central Bus Stand, Trichy to Old Collector Office (Treasury), Trichy at 11.00 A.M. on 27.07.2017 on account of Anniversary of former President of India his Excellency Dr.A.P.J.Abdul Kalam by considering the petitioner's representation dated 11.07.2017. For Petitioner : Mr.AL.Kannan For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader ***
O R D E R
This Writ Petition has been filed for issuance of a Mandamus to direct the respondents herein to grant permission for peaceful march with candle organized by the petitioner Association, from St.John's Vestry Higher Secondary School, Trichy roundana nearby Central Bus Stand, Trichy to Old Collector Office (Treasury), Trichy at 11.00 A.M. on 27.07.2017 on account of Anniversary of former President of India His Excellency Dr.A.P.J.Abdul Kalam by considering the petitioner's representation dated 11.07.2017.
2.Heard the learned counsel appearing for the petitioner
and the learned Special Government Pleader appearing for the respondents.
3.The grievance of the petitioner is that the representation was not considered by the respondents favourably. 4.The learned Special Government Pleader appearing for the respondents on instructions submitted that the place which is chosen by the petitioner meeting is not convenient / suitable keeping in mind the traffic flow and other considerations touching convenience with the public. In the said circumstances, the learned Special Government Pleader, requested the learned counsel for the petitioner to suggest any other suitable place so that they can favourably consider the request of the petitioner. After giving sufficient time, when the matter was again called by this Court, the learned counsel appearing for the petitioner and the learned Special Government Pleader submitted that both have agreed that the peaceful march proposed by the petitioner can be from M.G.R. Statue near District Court Campus to Uzhavar Santhai, at Thennur Road.
5.In view of the above, this Writ Petition is disposed of with the following directions:
The respondents herein are directed to consider the petitioner's representation dated 11.07.2017 and grant permission for peaceful march with candle organized by the petitioner's association from M.G.R. Statue near District Court Campus to Uzhavar Santhai, at Thennur Road at 11.00 A.M. on 27.07.2017 in connection with the second anniversary of the former President of India His Excellency Dr.A.P.J.Abdul Kalam. The respondents are directed to provide police protection also to the petitioner, of course, subject to the reasonable restrictions / conditions that may be required to maintain law and order and communal harmony.
No costs.
Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Cantonment Police Station (Law & Order), Trichy.
2.The Commissioner of Police, Trichy City, Trichy.
3.The Assistant Commissioner of Police, (Law & Order), Cantonment, Trichy.
+1cc to Mr.A.L.Kannan,Advocate,SR. 67353 W.P.(MD)No.13239 of 2017 24.07.2017 SRM/LS KK/SKN RSK/SAR3/25.07.2017/ 3P- 5C/