Madras High CourtWP(MD)/5544/2017allowed

T.J.Ebenezer Charles v. The Chief Secretary To

2017-06-29Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5544 of 2017 T.J.Ebenezer Charles .. Petitioner Vs.

1.The Chief Secretary to Government, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.

2.The Director General of Police, Law & Order, No.1, Dr.Radha Krishna Salai, Mylapore, Chennai - 4.

3.The District Collector, Ariyalur District, Collectorate, Ariyalur.

4.The District Collector, Chennai District, Collectorate, Chennai.

5.The District Collector, Coimbatore District, Collectorate, Coimbatore.

6.The District Collector, Cuddalore District, Collectorate, Cuddalore.

7.The District Collector, Dharmapuri District, Collectorate, Dharmapuri.

8.The District Collector, Dindigul District, Collectorate, Dindigul.

9.The District Collector, Erode District, Collectorate, Erode.

10.The District Collector, Kanchipuram District, Collectorate, Kanchipuram.

11.The District Collector, Kanyakumari District, Collectorate, Nagercoil.

12.The District Collector, Karur District, Collectorate, Karur.

13.The District Collector, Krishnagiri District, Collectorate, Krishnagiri.

14.The District Collector, Madurai District, Collectorate, Madurai.

15.The District Collector, Nagapattinam District.

Collectorate, Nagapattinam.

16.The District Collector, Namakkal District, Collectorate, Namakkal.

17.The District Collector, Nilgiris District, Collectorate, Nilgiris.

18.The District Collector, Perambalur District, Collectorate, Perambalur.

19.The District Collector, Pudukkottai District, Collectorate, Pudukkottai.

20.The District Collector, Ramanathapuram District, Collectorate, Ramanathapuram.

21.The District Collector, Salem District, Collectorate, Salem.

22.The District Collector, Sivagangai District, Collectorate, Sivagangai.

23.The District Collector, Thanjavur District, Collectorate, Thanjavur.

24.The District Collector, Theni District, Collectorate, Theni.

25.The District Collector, Thoothukudi District, Collectorate, Thoothukudi.

26.The District Collector, Tirunelveli District, Collectorate, Tirunelveli.

27.The District Collector, Tirupur District, Collectorate, Tirupur.

28.The District Collector, Thiruvallur District, Collectorate, Thiruvallur.

29.The District Collector, Thiruvannamalai District, Collectorate, Thiruvannamalai.

30.The District Collector, Thiruvarur District, Collectorate, Thiruvarur.

31.The District Collector, Trichy District, Collectorate, Trichy.

32.The District Collector, Vellore District, Collectorate, Vellore.

33.The District Collector, Villupuram District, Collectorate, Villupuram.

34.The District Collector, Virudhunagar District, Collectorate, Virudhunagar.

35.The Superintendent of Police, Ariyalur District, Ariyalur.

36.The Commissioner of Police, Commissioner Office, Chennai City, Chennai.

37.The Commissioner of Police, Commissioner Office, Coimbatore City, Coimbatore.

38.The Superintendent of Police, Coimbatore District, Coimbatore.

39.The Superintendent of Police, Cuddalore District, Cuddalore.

40.The Superintendent of Police, Dharmapuri District, Dharmapuri.

41.The Superintendent of Police, Dindigul District, Dindigul.

42.The Superintendent of Police, Erode District, Erode.

43.The Superintendent of Police, Kanchipuram District, Kanchipuram.

44.The Superintendent of Police, Kanyakumari District, Nagercoil.

45.The Superintendent of Police, Karur District, Karur.

46.The Superintendent of Police, Krishnagiri District, Krishnagiri.

47.The Commissioner of Police, Madurai City, Madurai.

48.The Superintendent of Police, Madurai District, Madurai.

49.The Superintendent of Police, Nagapattinam District, Nagapattinam.

50.The Superintendent of Police, Namakkal District, Namakkal.

51.The Superintendent of Police, Nilgiris District, Nilgiris.

52.The Superintendent of Police, Perambalur District, Perambalur.

53.The Superintendent of Police, Pudukkottai District, Pudukkottai.

54.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

55.The Commissioner of Police, Salem City, Salem.

56.The Superintendent of Police, Salem District, Salem.

57.The Superintendent of Police, Sivagangai District, Sivagangai.

58.The Superintendent of Police, Thanjavur District, Thanjavur.

59.The Superintendent of Police, Theni District, Theni.

60.The Superintendent of Police, Thoothukudi District, Thoothukudi.

61.The Commissioner of Police, Tirunelveli City, Tirunelveli.

62.The Superintendent of Police, Tirunelveli District, Tirunelveli.

63.The Superintendent of Police, Tirupur District, Tirupur.

64.The Superintendent of Police, Thiruvallur District, Thiruvallur.

65.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

66.The Superintendent of Police, Thiruvarur District, Thiruvarur.

67.The Commissioner of Police, Trichy City, Trichy.

68.The Superintendent of Police, Trichy District, Trichy.

69.The Superintendent of Police, Vellore District, Vellore.

70.The Superintendent of Police, Villupuram District, Villupuram.

71.The Superintendent of Police, Virudhunagar District, Virudhunagar.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to prohibit and take appropriate legal action in the entire state of Tamil Nadu against the agitation by gathering or assembling by any person or group of persons without getting permission from the concerned authority by blocking or obstructing directly or indirectly the free flow of people moving from one place to another in any form of pathway such as streets, roads, national highways, etc., by considering the representation sent by the petitioner dated 22.03.2017. For Petitioner : Mr.T.Senthilkumar For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to prohibit and take appropriate legal action in the entire State of Tamil Nadu against the agitation by gathering or assembling by any person or group of persons without getting permission from the concerned authorities by way of blocking or obstructing directly or indirectly the free flow of people moving from one place to another in any form of pathway such as streets, roads, national highways, etc. on the basis of representation dated 22.03.2017, by way of issuing a writ of mandamus.

2.The learned counsel appearing for the petitioner has contended to the effect that nowadays it has become a fashion even for flimsy matter public used to gather in the midst of road and thereby causing nuisance to the general public and under the said circumstances a representation has been given on 22.03.2017, but the authorities have not considered the same. 3.The learned Special Government Pleader appearing for the respondents has also equally contended to the effect that in respect of persons who gathered and committed offences in public roads, some cases have been registered.

4.The main contention putforth on the side of the petitioner is that even without getting prior permission from the concerned authorities, some unruly mob have used to block the road for flimsy reason and thereby causing nuisance and also inconvenience to the general public.

5.It is an admitted fact that on 22.03.2017, a representation has been given, but the same has not been considered. Under the said circumstances and also on the basis of the main contention putforth on the side of the petitioner, this Court is inclined to pass the following order. 6.In fine, this writ petition is allowed without costs and the second respondent is strictly directed to take legal action if there is any agitation or assembling by any person or group of persons without getting permission in the places, which have not been earmarked for making agitation.

Sd /- ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Chief Secretary to Government, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.