Sivanraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.16486 of 2023 Sivanraj ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

3.The Inspector of Police, Panagudi Circle, Tirunelveli, Tirunelveli District.

4.Siva ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in his proceedings dated 20.06.2023 and quash the same as illegal and consequently direct the second respondent to grant necessary permission and provide adequate police protection for conducting Hon'ble Ex Chief 1/5

Minister of Tamil Nadu "Ayya Karmaveerar Kamarajar" Birthday dated 15.07.2023 at back side of Ayya temple nearby ration shop at Seral Mahadevi Main Road, Tirunelveli District, by considering the petitioner's representation dated 22.06.2023. For Petitioner : Mr.G.Aravinthan For R1 to R3 : Mr.B.Thanga Aravindh Govt. Advocate (Criminal Side)

O R D E R

This petition is filed seeking for a direction to the respondents police to provide permission for distribution of books to the students of X and XII on the birth date of the Hon'ble Ex-Chief Minister of Tamil Nadu "Ayya Karmaveerar Kamarajar". A representation dated 15.06.2023 given by the petitioner is stated to have been declined by the respondents police vide their proceedings dated 20.06.2023.

2. Learned Additional Public Prosecutor submits that another rival group has also requested to grant permission for conducting a programme at the same place where the petitioner intending to conduct the programme and thereby the respondents police are stated to have declined permission to both the parties. He further submits that in case, 2/5

any alternative site is shown, then the respondents police have no objection for granting permission as sought for by the petitioner.

3. Considering the circumstances, while setting aside the impugned proceedings dated 20.06.2023, the petitioner is directed to approach the third respondent police with fresh representation indicating the alternative site as to where the petitioner intends to conduct the programme, on submission of such representation, the third respondent police are directed to consider the same and grant permission by indicating necessary conditions.

4. With these directions, this Writ Petition is disposed of. No costs.

10.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/5

To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

3.The Inspector of Police, Panagudi Circle, Tirunelveli, Tirunelveli District.

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

4/5

DR.D.NAGARJUN,J PKN W.P.(MD)No.16486 of 2023 Dated:10.07.2023 5/5