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Madras High CourtWP(MD)/19359/2017disposed of

K.Sivashanmugam, v. The Deputy Superintendent Of

2017-10-20Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.19359 of 2017 K.Sivashanmugam

...Petitioner

-Vs1.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Aranthangi Town, Pudukottai District.

2.The Inspector of Police, Aranthangi Police Station, Aranthangi.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant necessary permission to conduct agitation, in-front of Anna Statue, situated at Aranthangi Town, Pudukottai District on 21.10.2017 (Saturday), at about 10.00 am and to provide necessary police protection on the basis of the petitioner's representation dated 10.10.2017.

For Petitioner : Mr.C.Jeganathan For Respondents : Mr.D.Muruganadam Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuing a Writ of Mandamus, to direct the respondents to grant necessary permission to conduct agitation, in front of Anna Statue, situated at Aranthangi Town, Pudukottai District on 21.10.2017 (Saturday), at about 10.00 a.m., and to provide necessary police protection on the basis of the petitioner's representation dated 10.10.2017. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3.The petitioner states that he is the Secretary of Aranthangi Town, "AIADMK Amma Party" and the party in which the petitioner has associated himself has organized to conduct a "Dharna" in front of Anna Statue, situated at Aranthangi Town, Pudukottai District on 21.10.2017 and in this connection a representation was also submitted by the petitioner on 10.10.2017, seeking permission and police protection to conduct "Dharna".

4.The petitioner states that due to severe drought prevailing

all over Tamil Nadu for the last few years, it is hard for the agriculturalists to do their normal agricultural work. It is stated that the Central Government has introduced Crop Insurance Scheme, so that the agriculturalists may get some compensation amount. It is further stated that due to several irregularities and illegalities committed by the Revenue as well as the Co-operative bodies, the real farmers were not given any benefit and that therefore they have decided to organize a protest followed by an agitation meeting. A representation was given by the petitioner, in this regard and the respondents sought for some information. In reply to the same, the petitioner had furnished necessary details as early as on 15.10.2017 and moreover, expressed his willingness to organize the said agitation exactly near Amma Unavagam, Aranthangi Town, Pudukottai District. However, the respondents have not given any permission. Hence, the petitioner was constrained to file this petition for the relief mentioned above.

5.The learned Additional Government Pleader, on instructions, submitted that the petitioner has organized to conduct agitation in a busy locality in Aranthangi Town and that the time fixed by the petitioner will create some problem in terms of traffic conjunction and public inconvenience. The second respondent / The Inspector of Police, however, came forward with a suggestion that the second respondent may not have any objection for granting permission and to provide police protection, if the petitioner and their men maintain some discipline, while conducting the programme and further they should adhere to the timings. 6.

Having regard to the said submission and the practical difficulties pointed out by the learned Additional Government Pleader, upon getting instructions from the second respondent and considering the nature of grievances expressed by the petitioner, this Court is inclined to pass the following directions: "The second respondent is directed to grant necessary permission to conduct agitation cum meeting near the Amma Unavagam, situated at Aranthangi Town, Pudukottai District, on 21.10.2017, between 10 a.m., and 12 noon and the second respondent is further directed to provide adequate police protection to the petitioner for the same subject with the following conditions: (a)The petitioner and their men should strictly adhere to the time.

(b)The petitioner should ensure that the participants/members should be restricted only up to 2,000, as mentioned by the petitioner in his representation 15.10.2017 and it should not exceed the same.

(c)The petitioner and their men shall park their vehicle only in the place near the Office of the Member

of Legislative Assembly of Aranthangi and near Santhai Pettai. The petitioner shall give an undertaking that vehicles of the participants will not be parked in any other place, unless the second respondent gave special permission by considering the nature of events and other facts and circumstances."

7.The second respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and communal harmony. 8.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Aranthangi Town, Pudukottai District.

2.The Inspector of Police, Aranthangi Police Station, Aranthangi.

+2cc to M/S.VEERA ASSOCIATES,Advocate,SR. 83052,83067 CMR KK/SDS/SVMMS/SAR 3/20.10.2017/ 3P- 5C W.P.(MD) No.19359 of 2017 20.10.2017