E.A.Karthikeyan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.19207 of 2018 E.A.Karthikeyan ... Petitioner Vs.
1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai District.
3.The Inspector of Police, Thirukokaranam Police Station, Pudukkottai District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents to grant police permission and protection for public meeting as well as to provide welfare assistance to the public on 15.09.2018 at about 04.00 pm to 09.30 pm at Survey Nos.337/2, 338, 339/1, 339/2 at Natham Pannai Village, Thirukokaranam, Pudukkottai District based on petitioner's representation dated 31.08.2018, with in a stipulated time as may be fixed by this Court.
For Petitioner: Mr.Veerakathiravan Senior cournsel for Mr.R.Venkateshwar For Respondents: Mr.B.Bhagawathi Government Advocate
ORDER
This writ petition has been filed for a direction to the respondents to grant permission and police protection for conducting a public meeting by a political party, in which, the petitioner is a District Secretary.
2.It is the case of the petitioner that a place has been selected for conducting the public meeting at S.Nos.337/2, 338, 339/1 and 339/2 at Natham Pannai Village, Thirukokaranam, Pudukkottai District, which has a total extent of 3 acres 15 cents. The meeting is to be held on 15.09.2018.
3.The petitioner had given a representation to the respondents on 31.08.2018 seeking for permission and police protection and the same is pending before the respondents.
4.The third respondent has filed a status report to the effect that the meeting will be attended by a large number of people and there is no sufficient place to accommodate all the persons. The third respondent has also taken a stand that on 15.09.2018, a Vinayagar Chathurthi procession is also going to be conducted and therefore, there is a chance for more traffic congestion and law and order problem.
5.It is seen from the records that every time, when this political party seeks permission to conduct a meeting, the respondents do not take any action and ultimately, only after orders are passed by this Court, meetings are permitted to be held. The last such order came to be passed by this Court on 16.08.2018, wherein, the said political party was granted permission to conduct the meeting at Tharapuram, Dindigul District. 6.The status report filed by the third respondent appears to be a formal objection. It is seen from the records that the place chosen for the meeting is a vast extent of land of nearly 3.05 acres, which is capable of handling thousands of people and wherein, the vehicles can also be parked. During the earlier meetings, which was conducted pursuant to the orders of this Court, there has been no complaint of any violation of conditions or creation of law and order problem.
7.The meeting is scheduled to be held on 15.09.2018, which is a Saturday and it will be possible for the respondents to manage the traffic on the said day, since it will be a holiday. 8.It is left to the third respondent to impose sufficient conditions in order to ensure that there is no traffic congestion caused due to the meeting and also to ensure that no hardship is caused to the general public in and around the meeting site. The third respondent should also impose conditions on parking of vehicles and the same shall be strictly complied with by the petitioner in order to ensure that no hindrance or hardship is caused to the general public.
9.The petitioner shall strictly comply with all the conditions imposed by the third respondent while conducting the meeting on 15.09.2018. The petitioner shall also ensure that the meeting is started and completed within the time, for which the permission has been sought for.
10.For the reasons stated above, this writ petition stands allowed and the respondents 2 and 3 are directed to grant permission and police protection for the public meeting to be held on
15.09.2018 at 05.00 p.m., to 10. 00 p.m., at Survey Nos.337/2, 338, 339/1, 339/2 at Natham Pannai Village, Thirukokaranam, Pudukkottai District, subject to the conditions as may be imposed by them and it shall be strictly complied with by the petitioner. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-II) 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Deputy Superintendent of Police, Pudukkottai Sub Division, Pudukkottai District.
3.The Inspector of Police, Thirukokaranam Police Station, Pudukkottai District.
+1CC TO MR.P.VENKATESHWAR ADVOCATE IN SR.No.82471. MM DS SV SAR-2;07.09.2018; 3P/5C W.P.(MD) No.19207 of 2018 05.09.2018