G.Thirumurugan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.13327 of 2017 G.Thirumurugan ... Petitioner Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tiruvadanai Sub Division, Ramanathapuram District.
3. The Inspector of Police, Tirupalaikudi Police Station, Ramanathapuram.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records connected with the impugned order in e.f.vz;. No.15/fh.Ma;/fh.ep./2017, dated 15.07.2017 on the file of the respondent No.3 and quash the same as illegal, consequently to direct the respondents to permit the petitioner to conduct public meeting near Uppur bus stand, Ramanathapuram District, on 23.07.2017 from 4 p.m. or any other earliest date. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader ***
O R D E R
This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to call for the records connected with the impugned order in e.f.vz;. No.15/fh.Ma;/fh.ep./2017, dated 15.07.2017 on the file of the respondent No.3, quash the same as illegal and consequently direct the respondents to permit the petitioner to conduct public meeting near Uppur bus stand, Ramanathapuram District on 23.07.2017 from 4.00 p.m. or any other earliest date.
2.The petitioner submits that he is a practising Advocate in Ramanathapuram District and actively involving in the activities for the welfare of the socially and economically weaker sections of the society. He is also a member of the Advocate wing of Tamilar Nala Periyakkam. He further submit that the Government is attempting to implement Uppur Thermal Power Plant project in Ramanathapuram District and if such project is implemented, the adjacent area will be seriously affected. Therefore, the organisation viz., Tamilar Nala Periyakkam, in which the petitioner is a member, has decided to conduct a public meeting against the proposed Uppur Thermal Power Plant project along with other organisation. In this connection, the petitioner made a representation before the third respondent on 10.07.
2017 requesting to grant permission and police protection to conduct public meeting. However, the third respondent has declined to grant permission on the ground that the police cannot provide protection to the petitioner to conduct public meeting since the date on which the petitioner requested permission viz., on 23.07.2017 is Aadi Amavasai. Challenging the said order, the petitioner is before this Court.
3.When the matter was taken up for hearing on 19.07.2017, the learned Special Government Pleader appearing for the respondents submitted that permission would be considered beyond 27.07.2017 for the petitioner to organise the meeting near Uppur Bus Stand, Ramanathapuram District. Hence, the learned counsel appearing for the petitioner sought time to get instructions in this regard.
4.Today, under instructions from his client, the learned counsel appearing for the petitioner submitted that the petitioner may be permitted to conduct the public meeting near Uppur Bus Stand on 30.07.2017 from 04.00 p.m.
5.Having regard to the submissions of both sides, this Court is inclined to dispose of the Writ Petition with the following directions:
The petitioner is directed to submit a representation before the third respondent/the Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram. On receipt of such representation, the third respondent shall consider the petitioner's representation and permit the petitioner to conduct public meeting near Uppur Bus Stand on 30.07.2017 from 04.00 p.m. subject to any reasonable restrictions/conditions in order to maintain public order and communal harmony.
6.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To:
1. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvadanai Sub Division, Ramanathapuram District.
3. The Inspector of Police, Tirupalaikudi Police Station, Ramanathapuram.
+1 CC to M/s.R.ALAGUMANI, Advocate, SR No. 66924. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 67137. SRM/IA PSM/JC/SAR2/26.07.2017/3P/6C W.P.(MD)No.13327 of 2017 20.07.2017