Kandasamy v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Kandasamy ... Petitioner Vs 1.The District Superintendent of Police, District Superintendent Office, Tirunelveli, Tirunelveli District.

2.The Assistant Superintendent of Police, Cheranmahadevi Sub-Division, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station, Munneerpallam, Tirunelveli District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st, 2nd and 3rd respondents to grant permission and provide with police protection for the protest that is to be held on 14.07.2024 at Gobalasamuthiram Main Bazaar at Tirunelveli District on behalf of the Bharatiya Janata Party and also consider the petitioner''s representation dated 25.06.2024 positively.

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For Petitioner : Mr.S.Kanagarajan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The petitioner, the District General Secretary of Agriculture Wing of Bharatiya Janata Party, Tirunelveli has approached this Court, seeking a Mandamus, to direct the respondents to grant permission and provide necessary police protection for the protest, to be held on 14.07.2024 at Gobalasamuthiram Main Bazaar at Tirunelveli District, has approached this Court.

2.The learned counsel for the petitioner submits that the protest, which is proposed to be conducted is for the goodness of the general public. Therefore, the petitioner has submitted a representation on 25.06.2024, however, the same was not properly appreciated by the respondents. Therefore, the learned counsel prays this Court a suitable direction may be issued to the respondents.

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3.Mr.T.Senthil Kumar, learned Additional Public Prosecutor takes notice for the respondents and submits that if any direction is issued by this Court, the same would be adhered by the respondents. 4.The right of expression is essential in a democracy. Peaceful protests can deepen democracy's reach and improve its chances of survival. In a Democratic Country, every political party is having a right to conduct an agitation.

5.In view of the above, this writ petition is allowed. The respondents are directed to consider the representation of the petitioner, dated 25.06.2024 and pass suitable orders by 13.07.2024. The respondents are expected to ensure that the protest would be conducted in a peaceful manner, by imposing necessary reasonable conditions, which they deem it fit. No costs.

12.07.2024 Index :Yes/No Internet : Yes/No vrn 3/5

Note: Issue order copy today (12.07.2024) To 1.The District Superintendent of Police, District Superintendent Office, Tirunelveli, Tirunelveli District.

2.The Assistant Superintendent of Police, Cheranmahadevi Sub-Division, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station, Munneerpallam, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J.

vrn Order made in 12.07.2024 5/5