Sankar .V v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Sankar ... 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, Muthukulathur Sub-Division, Ramanathapuram District.
3. The Inspector of police, Muthukulathur Police Station, Ramanathapuram District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, calling for the entire records connected with the order in Na.Ka.No.165/Mu.Va.Ka.Aa/ Muthuvai/2024, dated 10.06.2024 passed by the third respondent and to quash the same, consequently, directing the respondents to grant permission and police protection for a protest meeting scheduled to be held on 15.06.2024 infront of Mahatma Gandhi Statue near Taluk Office, Muthukulathur, by considering the petitioner's representation dated 07.06.2024.
For Petitioner : Mr.S.Malaikani 1/4
For Respondents : Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor
O R D E R
The petitioner has filed this petition to quash the order in Na.Ka. No.165/Mu.Va.Ka.Aa/Muthuvai/2024, dated 10.06.2024 passed by the third respondent and consequently, direct the respondents to grant permission and police protection for a protest meeting scheduled to be held on 15.06.2024 in front of Mahatma Gandhi Statue near Taluk Office, Muthukulathur, by considering the petitioner's representation dated 07.06.2024.
2. The learned counsel for the petitioner submits that for the negligence and dereliction of the duty by the Tahsildar, Adi Dravidar Welfare, the people belonging to the Adi Dravidar Welfare are intending to conduct a protest in front of the Taluk Office. However, the respondent police in order to avoid the protest, has refused the permission for conducting protest.
3. The learned Additional Public Prosecutor submits that they have not granted any permission or permitted any protest in front of Taluk 2/4
Office and therefore, the request of the petitioner was rejected. He further submits that they are ready to give permission to conduct protest at Theriruveli junction.
4. The petitioner and his group to show the objections with regard to the conduct of the concerned officers, are intending to conduct a protest in a democratic way. The officials would become aware of such a protest, only if it is conducted in the prime places and if it is conducted in a far away place, it is of no use. Therefore, the impugned order is setaside. The respondent police is directed to permit the petitioner and his group to conduct the protest, with necessary restrictions, they deem it necessary and also ensure that there is no breach of law and order, within a period of one week from the date of receipt of copy of this order. Since the particular proposed date is over, the petitioner shall opt for some other day.
5. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.
Index :Yes/No 18.06.2024 Internet : Yes/No LS 3/4
B.PUGALENDHI,J.
LS 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, Muthukulathur Sub-Division, Ramanathapuram District.
3. The Inspector of police, Muthukulathur Police Station, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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