Annadurai R v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.05.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P(MD)No.14225 of 2025 R.Annadurai ... Petitioner Vs
1. The Superintendent of Police, Pudukkottai, Pudukkottai District.
2. The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai, Pudukkottai District.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 09.05.2025 in Na.Ka. No.19/Ka.Inspector/K.Ka.Ni/Pudukkottai/2025 passed by the 2nd respondent and quash the same and to direct the respondents to grant permission for conducting Protest on 19.05.2025 at 03.00 pm near Chinnappa Park, Pudukkottai.
For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor Page No. 1 of 6
O R D E R
This petition has been filed by the petitioner to quash the impugned order dated 09.05.2025 in Na.Ka.
No.
19/Ka.Inspector/K.Ka.Ni/Pudukkottai/2025 passed by the 2nd respondent and consequently, to direct the respondents to grant permission for conducting Protest on 19.05.2025 at 03.00 p.m near Chinnappa Park, Pudukkottai.
2. The learned counsel appearing for the petitioner would submit that the petitioner is the Secretary of the Pudukottai Corporation of the political party and he submitted an application to conduct peace protest near Chinappa Park within the jurisdiction of the Ganesh Nagar Police Station, Pudukottai on 13.05.2025 at about 3.00 p.m condemning the castiest violence that broke into the house of the Adi Dravidar People in Vadakadu Village. The petitioner's application has been rejected by the respondents on the ground that the place selected by the writ petitioner for organizing the protest is thickly populated and huge traffic flow area. Further, the place selected is also not sufficient to accommodate huge party cadres. Aggrieved over the same, this writ petition has been filed. Page No. 2 of 6
3. The learned counsel further submitted that already this Court held that the political parties can conduct the peace protest without disturbing the public order or morality. In this case, the petitioner representing a political party has consented that if any convenient place suggested by the respondents, they are ready for organizing their protest since the object of the protest is to record their condemnation of the violence taken against the oppressed community.
4. The learned Additional Public Prosecutor appearing for the respondents would submit that the place suggested by the petitioner is not suitable for organizing such protest and they will consider, if a fresh application is submitted in this regard with alternative place and date.
5. Article 19(1)(b) of the Constitution of India ensures the right to peacefully assemble and hold public meeting, or procession without arms. This right allows citizens to come together for various purposes, such as protests, demonstrations or discussions. However, reasonable restrictions can be imposed on this right in the interest of public order, sovereignty and integrity of India.
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6. In this case, the petitioner, representing a political party, approached the respondents for organizing a protest against the atrocities committed against the scheduled communities in peaceful manner. The impugned order reads various grounds. Major ground is that the place suitable is not convenient to accommodate huge number of individuals and if the protest is allowed to be held in that particular area, it restricts the movement of general public.
7. In view of the reasons stated above, this Court has suggested the parties to inform the alternative place for organizing the protest as prayed by the petitioner. Accordingly, it is suggested by the learned counsel for the petitioner that they are ready to conduct protest near Thilagar Thidal, Pudukkottai on 19.05.2025.
8. Without expressing any opinion with regard to suggestion made by the petitioner, this Court directs the petitioner to submit a fresh application indicating the place and date of the protest to the respondents herein. On receipt of such application, the respondents are directed to consider and pass suitable orders in this regard with conditions, if any. Page No. 4 of 6
9. With the said observation and directions, this writ petition is disposed of . No costs.
14.05.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac To
1. The Superintendent of Police, Pudukkottai, Pudukkottai District.
2. The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.RAJASEKAR, J.
mac W.P(MD)No.14225 of 2025 14.05.2025 Page No. 6 of 6