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Madras High CourtWP(MD)/19992/2024disposed of

V.Baskaran v. The Commissioner Of Police

2024-08-22Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD)No.19992 of 2024 and WMP(MD)No.16964 of 2024 V.Baskaran ... Petitioner Vs.

1.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.

2.The Assistant Commissioner of Police, Srirengam Zone, Tiruchirapalli City, Tiruchirapalli.

3.The Inspector of Police, Fort Police Station, Tiruchirapalli City, Tiruchirapalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent impugned order in Na.Ka.No. 1/4

35/Ka.B/Ko.Ka.Nee/Thi.Ma/2024 dated 11.08.2024 and quash the same and consequently, direct the respondent to grant permission for conducting demonstration at Teppakulam near Malaikottai, Trichy City. For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed to direct the second respondent to quash the impugned order in Na.Ka.No.

35/Ka.B/Ko.Ka.Nee/Thi.Ma/2024 dated 11.08.2024 and consequently, direct the respondents to grant permission for conducting demonstration at Teppakulam near Malaikottai, Trichy City.

2.The grievance of the petitioner is that the petitioner and others are the association of Auto Rickshaw owners / drivers. They have got several grievances. In order to democratically bring to the notice of the appropriate authorities, they want to conduct dharna in peaceful manner. But, the permission is now denied and hence, they are before this court. 3.The learned Additional Public Prosecutor would submit that the place in which they asked for is not a place for conducting dharna and is 2/4

a busy place in Tiruchi city. There are earmarked places, where the permission will be given for peaceful democratic protest.

4. He would further submit that if the petitioner makes a request before the third respondent, they are willing to give permission in the alternative site namely, near Ramakrishna Bridge, Trichy.

5. Recording the said submission made on behalf of the learned Additional Public Prosecutor, this Writ Petition is disposed of with the following directions:- i) The petitioner is directed to submit a fresh request along with a copy of this order before the third respondent. ii) The third respondent shall consider the same and grant permission at the place as mentioned above.

No costs.

22.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss 3/4

D.BHARATHA CHAKRAVARTHY , J dss To 1.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli.

2.The Assistant Commissioner of Police, Srirengam Zone, Tiruchirapalli City, Tiruchirapalli.

3.The Inspector of Police, Fort Police Station, Tiruchirapalli City, Tiruchirapalli.

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

W.P.(MD)No.19992 of 2024 Dated : 22.08.2024 4/4