Madras High CourtWP(MD)/18221/2017disposed of

G.Tamilarasan v. The Superintendent Of Police,

2017-09-22Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.18221 of 2017 G.Tamilarasan ... Petitioner Vs.

1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Sub Inspector of Police, Arimalam Police Station, Pudukottai District.

... Respondents PRAYER: Writ petition filed under article 226 of Constitution of India, praying for issuance of writ of Certiorarified Mandamus, to call for the records of the 2nd respondent's impugned order dated 19.09.2017 and to quash the same consequently direct the 2nd respondent to give necessary permission and police protection to the petitioner's Association for conducting silent procession from Union Office to Ettam Mandagapadi and to hold candle and conduct meeting on 23.09.2017 from 04.00 p.m., to 08.00 p.m., in view of condolence of Anitha's death, by considering the petitioner's representation dated 17.09.2017, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

This writ petition has been filed, directing the second respondent to give necessary permission and police protection to the petitioner's Association for conducting a silent procession from Union Office to Ettam Mandagapadi and to hold candle and to conduct a meeting on 23.09.2017 by way of expressing condolence to the death of Ms.Anitha.

2.Heard the learned Counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.

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3.The permission, as sought for by the petitioner, was negatived by the impugned order passed by the Sub Inspector of Police, Arimalam Police Station, Pudukottai District, dated 19.09.2017. In the order of the second respondent, no reason was stated for rejection of permission.

4.Having regard to the fact that the petitioner is only organizing a silent procession and a meeting at the end, the impugned order passed by the second respondent is set aside and the second respondent is directed to grant permission and provide police protection to the petitioner and their men, for conducting the silent procession from Union Office to Ettam Mandagapadi and to hold candle in hand and for conducting a meeting on 23.09.2017 between 04.00 p.m. and 08.00 p.m. by way of expressing condolence to the death of student Ms.Anitha. However, it is open to the second respondent to put any reasonable restriction or condition, so as to ensure maintenance of law and order. 5.With these above direction, this writ petition is allowed. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Sub Inspector of Police, Arimalam Police Station, Pudukottai District.

+1CC to Mr.A.Haja Mohideen, Advocate, SR.No.80731 W.P.(MD) No.18221 of 2017 22.09.2017 mm/cmr AM/SKN RSK/SAR 1/22.09.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/