M.Kathiravan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15359 of 2016 and W.M.P.(MD).No.11318 of 2016 M.Kathiravan ... Petitioner -Vs1.The District Collector, Collector Office, Tirunelveli.

2.The Commissioner of Police, Police Commissioner's Office, Palayamkottai, Tirunelveli.

3.The Assistant Commissioner of Police, Law and Order, Palayamkottai Sub Division, Tirunelveli City, Tirunelveli.

4.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli. ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, praying to call for the records pertaining to the impugned order dated 12.08.2016 on the file of the respondent No.3 and quash the same as illegal and consequently to direct the respondent No.3 to permit us to conduct a Public meeting on 20.08.2016 at about 4. p.m. at Jawahar Thidal, near Palayamkottai Market, Samathanapuram, Palayamkottai in commemoration of the Freedom fighter Ondi Veeranar.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader.

O R D E R

This writ petition has been filed seeking to quash the impugned order dated 12.08.2016 passed by the third respondent with a direction to the respondents to grant permission to conduct a Public meeting on 20.08.2016 at about 4. p.m. at Jawahar Thidal, near Palayamkottai Market, Samathanapuram, Palayamkottai in commemoration of the Freedom fighter Ondi Veeranar.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4.The learned counsel appearing for the petitioner would submit that the petitioner had submitted a representation seeking permission to conduct a Public meeting on 20.08.2016 at about 4. p.m. at Jawahar Thidal, near Palayamkottai Market, Samathanapuram, Palayamkottai in commemoration of the Freedom fighter Ondi Veeranar, but the same was rejected by the third respondent vide impugned order dated 12.08.2016 without any valid reasons and hence, the petitioner has come up with this petition. 5.

The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that as the Government is going to hold a programme in a grant manner on the very same day and about fifty thousands of people are expected to participate in the same, it may not be possible for the respondents to extend protection for the public meeting to be scheduled by the petitioner. It is also submitted that if the petitioner holds the meeting in some other day, the respondents Police will definitely concede to the petitioner's request. 6.The learned counsel appearing for the petitioner on instructions would submit that the petitioner is willing to conduct the public meeting on 21.08.2016.

7. In view of the above submissions made by the learned counsel appearing for both sides, the petitioner is directed to give a fresh representation in this regard to the third respondent today i.e., on 19.08.2016 and on such representation being given by the petitioner, the third respondent shall pass appropriate orders giving necessary permission and offering necessary protection.

8. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

To 1.The District Collector, Collector Office, Tirunelveli.

2.The Commissioner of Police, Police Commissioner's Office, Palayamkottai, Tirunelveli.

3.The Assistant Commissioner of Police, Law and Order, Palayamkottai Sub Division, Tirunelveli City, Tirunelveli.

4.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli.

+1CC to M/S.T.Lajapathi Roy, Advocate, SR.No. 45957 ORDER MADE IN W.P(MD)No.15359 of 2016 19.08.2016 gcg AM/GSV.PM/SAR-I/19.08.2016/3P/6C