Murugan v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.19166 of 2017 Murugan ... Petitioner -Vs1. The Commissioner of Police, Madurai City, Madurai - 1.

2. The Deputy Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, K.Pudur Police Station, Madurai City.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the respondent No.2 & 3 to grant permission and protection to the petitioner to conduct the Public Meeting on 15.10.2017 for 5 hours, i.e., 05.00 p.m., to 10.00 p.m., at K.Pudur Bus Stand, Madurai with Mike set. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.D.Muruganantham Additional Government Pleader.

O R D E R

This Writ Petition has been filed to direct the second and third respondents to grant permission and protection to the petitioner to conduct the Public Meeting on 15.10.2017 for 5 hours, i.e., 05.00 p.m., to 10.00 p.m., at K.Pudur Bus Stand, Madurai with Mike set.

2.The learned counsel for the petitioner stated that he belongs to Hindu-Pudhiraivannan Community and also he is the Secretary of Makkal Ezuchi Peravai and working for the marginalized peoples for their Socio, Economic and political development. It is further stated that petitioner organization has decided to conduct a Public Meeting on 15.10.2017 between 05.00 p.m., to 10.00 p.m., at K.Pudur Bus Stand, Madurai. Though the permission was sought for from the respondents, it is stated that their representation was not considered. It is further stated that the petitioner organization is entitled to conduct a public meeting, as it is their constitutional right under Article 19(1)(b).

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3.The third respondent has filed a counter affidavit, stating that there are only four places identified for conducting public meeting within the jurisdiction of the third respondent and the place in which the petitioner decided to conduct the public meeting is not earmarked as one among the four places. It is admitted that the place in front of Moondrumavadi Bus Stop near Marina Tea Stall, Madurai is also a place where the third respondent can permit the Public Meeting organized by the petitioner. The petitioner has also agreed to conduct the Public Meeting in front of Moondrumavadi Bus Stop near Marina Tea Stall, Madurai and also agreed to postpone the programme to 19.11.2017.

4.Considering the facts and circumstances of the case, this Court is inclined to issue the following directions: "The third respondent is directed to grant permission and to provide adequate police protection to the petitioner organization, to conduct the Public Meeting on 19.11.2017 in front of Moondrumavadi Bus Stop near Marina Tea Stall, Madurai. The petitioner is directed to furnish all the particulars to the third respondent with regard to the number of participants and the speakers in the Meeting. It is open to the third respondent to put any reasonable restrictions or conditions, so as to ensure law and order and communal harmony".

5.With these above directions, the Writ Petition is disposed of. No costs.

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

1. The Commissioner of Police, Madurai City, Madurai - 1.

2. The Deputy Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, K.Pudur Police Station, Madurai City.

+ 1 CC TO Mr.R.VENKATESAN, ADVOCATE IN SR No. 86303 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 86906 MM TE/JC/SAR-II : 17/11/2017 : 2P/6C W.P.(MD) No.19166 of 2017 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/