M.Anandh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 14037 of 2017 M.Ananth ... Petitioner -Vs1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 3.The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thajnavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to permit the petitioner to conduct a public meeting namely "Farmer Protection Conference" at Gandhiadigal Road in Kumbakonam on 05.08.2017 at about 05.00 PM to 10.00 PM.

For Petitioner : Mr.V.Rajiv Rufus For Respondents: Mr.A.K.Baskara Pandian Special Government Pleader.

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O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to conduct a public meeting, which is nothing but a conference in order to protect the farmers at Gandhiadigal Road in Kumbakonam on 05.08.2017 between 05.00 PM and 10.00 PM.

2. The learned counsel for the petitioner has stated that he is a member of a political party by name "Naam Thamizhar Katchi" and it is further stated that to promote awareness upon the

welfare of farmers and to profess our duty towards the significance of protection of the farmers, the party has decided to conduct a public meeting at Gandhiadigal Road in Kumbakonam on 05.08.2017. Though a representation dated 13.07.2017, was given to the second and third respondents in person, it is alleged that the said representation is yet to be considered either by the third respondent or the second respondent.

3. It is the case of the petitioner that the he was running from pillar to post by both respondents 2 and 3 and that therefore he was constrained to file the Writ Petition.

4. This Court has repeatedly held that similar meeting or even protest meeting can be permitted subject to any regulation to see that no untoward incident or organized crime occur, which may lead to law and order issue.

5. The learned Special Government Pleader, appearing for the respondents, on instructions, submitted that there exists some confusion in the place, which was earmarked for conducting the conference. However after discussion, the learned counsel for the petitioner and learned Special Government Pleader on instructions from the parties, were able to mutually identify the venue which is the vacant open place in front of R.C.Morning Star School, Kumbakonam. The petitioner has no grievance and rightly accepted that they will organize the conference in front of R.C.Morning Star School. Hence, this Court is inclined to pass the following direction:

"The respondents 2 and 3 are directed to permit the petitioner to conduct a public meeting namely "Farmer Protection Conference" in front of R.C.Morning Star School, in Kumbakonam on 05.08.2017 between 05.00 PM and 10.00 PM. It is open to the respondent police to put any reasonable restrictions or to impose any conditions which is required for the purpose of maintaining law and order.

7. The Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Office of the Superintendent of Police,

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 3.The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thajnavur District.

+1CC to Mr.V.Rajiv Rufus, Advocate, SR.No.69604 W.P.(MD) No. 14037 of 2017 02.08.2017 cmr/gsp AM/SV/SAR 2/03.08.2017/3P/5C