J.Srinivasan, v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 17368 of 2017 J.Srinivasan ... Petitioner -Vs1.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.
2.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and to provide police protection to the petitioner to conduct the General Body Meeting to demonstrate about the NEET Exam on 19.09.2017 at Uzhavar Santhai Ground, Anna Nagar, Thennur, Tiruchirappalli City on the basis of the petitioner's representation dated 11.09.2017. For Petitioner: Mr.S.Meenakshi Sundaram,Senior Counsel for Mr.D.Ramesh Kumar 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, seeking direction to the respondents to grant permission and to provide police protection to the petitioner to conduct a Meeting to demonstrate about the NEET Exam on 19.09.2017 at Uzhavar Santhai Ground, Anna Nagar, Thennur, Tiruchirappalli City on the basis of the petitioner's representation dated 11.09.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3.The petitioner claims that he is a District Secretary of Trichy District, AIADMK (Amma Ani) and on behalf of his party, the petitioner and other organizers have decided to conduct a meeting to demonstrate against the NEET EXAM in the place, which has already been ear-marked.
4.The petitioner has given a representation, dated 11.09.2017. The second respondent/the Commissioner, Tiruchirappalli City Municipal Corporation has rejected the permission, on the ground that some maintenance work has to be carried out from 18.09.2017. 5.The learned senior counsel appearing for the petitioner states that the petitioner is prepared to pay a sum of Rs.50,000/- (Rupees fifty thousand only) by way of rent to the local body. The learned Senior Counsel suggested that the maintenance work can be postponed for few days, especially, when the local body stand to gain by a sum of Rs.50,000/- (Rupees Fifty Thousand only) for permitting the demonstration meeting for few hours on 19.09.2017. 6.
The learned Special Government Pleader appearing for the first respondent, submitted that the first respondent and the police people have serious objection for giving permission for conducting the demonstration meeting in the place as the meeting is likely to cause some law and order problem. It is also stated that the official party office is near the above said place and hence the petitioner and his men may cause some problem. 7.The learned Senior Counsel also stated that the petitioner gives an undertaking that the petitioner and his men will not indulge in any kind of act, which may cause any threat or fear in the mind of public including the members of rival faction of the same party.
8.The learned senior counsel for the petitioner also expressed that the petitioner will undertake to agree and abide by any other reasonable restrictions the respondents may impose on the petitioner to prevent law and order or any untoward incident. 9.The prime reason for the objection projected by the learned Special Government Pleader is about the statement of the learned Senior counsel for the petitioner that the petitioner do not expect more than 5,000 people. The learned Special Government Pleader further submitted that more number of persons are likely to participate in the meeting and that the meeting can be organized in any commercial area, to avoid traffic congestion and inconvenience to public.
10.The learned senior counsel also submitted that the they have arranged for parking the vehicles near the premises and therefore there won't be much hindrance to traffic on account of
parking of vehicles belong to the petitioner's men. 11.Having regard to the circumstances and the submissions of the learned Special Government Pleader, this Court is inclined to pass the following direction:- i).The second respondent is directed to grant permission to the petitioner to conduct the demonstration meeting at Uzhavar Santhai Ground, Anna Nagar, Thennur, Tiruchirappalli City, by collecting sum of Rs.50,000/- (Rupees fifty thousand only) as rent from the petitioner.
ii).The first respondent is also directed to give permission and provide police protection to the petitioner to conduct the meeting to be scheduled on 19.09.2017 at Uzhavar Santhai Ground, Anna Nagar, Thennur, Tiruchirappalli City subject to any reasonable restriction that are required to maintain law and order, public tranquillity and communal harmony.
12. With the above directions, the Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.
To 1.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.
2.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli.
+1CC to Mr.D.Ramesh Kumar, Advocate, SR.No.79176 +1CC to the Special Government Pleader SR.No. 79138 W.P.(MD) No. 17368 of 2017 das/msa AM/SKN RSK/SAR 3/18.09.2017/3P/5C