Poolpandi P v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM P.Poolpandi

...Petitioner

vs

1. The Deputy Superintendent of Police, Vilathikulam Sub-Division, Thoothukudi District.

2.The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to grant permission to conduct public demonstration on 19.08.2022 at near Old Taluk Office, Vilathikulam, Thoothukudi District or some other place which is prescribed by the Police department.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) 1/5

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the second respondent to grant permission to conduct public demonstration on 19.08.2022 at near Old Taluk Office, Vilathikulam, Thoothukudi District or some other place which is prescribed by the Police department.

2.The learned counsel for the petitioner submitted that the petitioner is intended to conduct public demonstration on 19.08.2022 at near Old Taluk Office, Vilathikulam, Thoothukudi District or some other place which is prescribed by the Police. He wanted to conducted the public demonstration in a peaceful manner to draw the attention of the Government for taking action against the illegal sand mining in the District. In this regard, the petitioner made a representation on 12.08.2022 before the second respondent. However, till date no action has been taken. Hence, the petitioner filed the present petition. 3.The learned Government Advocate (Criminal Side) takes notice for the respondents and submits that the concerned police is not available 2/5

and I am unable to get instructions.

4. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police. 5.In the affidavit, the petitioner stated that he is the District Secretary (North), Naam Tamilar Party, Thoothukudi District and they wanted to conduct public demonstration against illegal sand mining and alerting the public. Hence, he gave a representation seeking permission of the respondent police on 12.08.2022. Sofar, the respondent police has not granted any permission.

6.Since the petitioner wanted to conduct public demonstration only to draw the attention of the Government against the illegal sand mining in the District the public demonstration in a peaceful manner may be permitted. In a democratic country any demonstration to make awareness as a right guaranteed under the constitution. Therefore, the second respondent is hereby directed to consider the representation of the petitioner dated 12.08.2022 and grant permission and provide necessary 3/5

protection for conducting public demonstration in a peaceful manner. 7.With the above direction, this Writ Petition is disposed of. No costs.

17.08.2022 Index :Yes/No Internet : Yes/ No cp Note:Issue Order copy on 17.08.2022 To

1. The Deputy Superintendent of Police, Vilathikulam Sub-Division, Thoothukudi District.

2.The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

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

4/5

V.SIVAGNANAM, J cp 17.08.2022 5/5