T.Balaji v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Balaji ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur City.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Town Limit, Thanjavur.

3.The Inspector of Police, (Taluk), Thanjavur Town East Police Station, Thanjavur Town, Thanjavur District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order Na.Ka.No.267/B1 PS/2019 dated 08.08.2019 on the file of the respondent No.3 and quash the same as illegal and consequently direct the respondents 2 & 3 to grant permission to conduct the Public Meeting to the petitioner's movement namely "MAY 17" with Mike and Speakers any date in the place of Aabiraham Pandithar Road, Thanjavur Town any other date.

For Petitioner : Mr.V.Selva For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed to quash the impugned order dated 08.08.2019 in Na.Ka.No.267/B1 PS/2019 on the file of the third 1/3

respondent and consequently, to direct the respondents 2 & 3 to grant permission to conduct a Public Meeting by the petitioner's Movement, namely "MAY 17" at Aabiraham Pandithar Road, Thanjavur Town, at any dates.

2. The learned counsel for the petitioner submitted that the petitioner is an active member of "MAY 17 Movement". His organization is working for promoting the welfare of Tamil people as well as downtrodden communities. They are also working to promote the rights guaranteed by the Constitution to this country. They have planned to conduct a Public Meeting on 09.08.2019 for "Protection of Educational Rights on occasion of 117th Birthday Anniversary of Former Chief Minister Perunthalaivar Kamarajar". As regards that, the petitioner submitted an application before the third respondent on 27.07.2019 seeking permission and necessary police protection to conduct th Public Meeting on 09.08.2019 and the same was rejected on 08.08.2019. Aggrieved against the same, the petitioner preferred this present writ petition.

3. The learned Additional Public Prosecutor would submit that the Public Meeting fixed for conducting was lapsed i.e., on 09.08.2019 and as such, the prayer sought for in the writ petition has become infructuous. However, the third respondent is willing to consider a fresh application of the petitioner for conducting the Public Meeting in future date at different venue.

4. Heard Mr.V.Selva, learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondents.

5.The petitioner submitted his application before the third respondent on 27.07.2019 seeking to conduct the Public Meeting to be held on 09.08.2019 at Aabiraham Pandithar Road, Thanjavur. The said representation was rejected by the third respondent on 18.02.2018 for the reason that there is a law and order problem. Since, the petitioner and his members of the same Movement called "May 17" will speak against the Government, it will create law and order problem. Now, the third respondent is willing to consider a fresh application of the petitioner for conducting the Public Meeting in future date at different venue.

6.Considering the above submission made by the learned Additional Public Prosecutor, the petitioner is directed to submit a fresh application for seeking permission to conduct the Public Meeting in future date at different Venue. On receipt of the same, the third respondent is directed to consider the same and pass orders, after conducting an enquiry in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

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7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) dss To 1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur City.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Town Limit, Thanjavur.

3.The Inspector of Police, (Taluk), Thanjavur Town East Police Station, Thanjavur Town, Thanjavur District.

+1 CC to M/s.V.SELVA, Advocate ( SR-90467[F] dated 30/09/2019 ) 30.09.2019 KK/SAR/01.10.2019/3P-5C/ 3/3