L. Lawrence Maria Anthuvan, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.12623 and 12624 of 2015 and M.P.(MD)Nos.1 and 1 of 2015 L.Lawrence Maria Anthuvan ... Petitioner in W.P.(MD)No.12623 of 2015 Panneerselvam ... petitioner in W.P.(MD)No.12624 of 2015 Vs 1.The Commissioner of Police, Trichirappalli City, Trichirappalli.

2.The Inspector of Police (L&O), 3.The Sub Inspector of Police (L & O), Trichirappalli District. ... 1 to 3 Respondents in both W.Ps. 4.R.C.Higher Secondary School, Rep. by its Corespondent, Cantonment, Trichy-I. ... R4 in W.P.(MD)No.12623 of 2015 4.C.E.Higher Secondary School, Rep. by its Correspondent, Vannarapettai, Puthur, Trichy-17. ... R4 in W.P.(MD)No.12624 of 2015. COMMON PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents 1 to 3 to give necessary police protection to the petitioner for conducting Fast in connection with the non-performing and releasing the petitioner's legal emoluments along with other benefits to be provided by the fourth respondent.

For Petitioner : Mr.N.R.Murugesan (in both W.Ps.) For R1 to R3 : Mr.A.Robinson Government Advocate (Crl.side)

For R4 : Mr.Ratheesh Kumar (in both W.Ps.) for M/s.Isaac Chambers COMMON ORDER The petitioners were employed in the respective fourth respondent Schools. According to the learned counsel appearing for the Management, the petitioners were dismissed in the year 2013. It seems that the petitioners are having some service related grievances which have not been redressed by the Management. They, therefore, want to conduct fast against the School Managements. 2.The petitioners' counsel states that it will be a one-man agitation and that, the petitioners may hold a placard for a day and fast.

3.I am of the view that the petitioners are entitled to ventilate their grievances and therefore, the respondent Police cannot say "no" to them. But then, it is for the respondent Police to spell out the terms and conditions, subject to which, permission can be granted. The respondent Police should however allot a place where the petitioners will be able to draw the attention of the members of the general public. The police should also bear in mind that it is going to be a one-man Fast. It is made clear that the venue to be allotted by the Police will not be cited as a precedent for other persons who may want to hold agitations etc., 4.The Assistant Commissioner of Police (L&O), Trichy, will issue proceedings in this regard within a period of three days from the date of receipt of a copy of this order. These writ petitions are accordingly disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS-I) To RMI 1.The Commissioner of Police, Trichirappalli City, Trichirappalli.

2.The Inspector of Police (L&O),

3.The Sub Inspector of Police (L & O), COPY TO:

The Assistant Commissioner of Police (L&O), Trichy +2 CC to M/s.M/S.N.R.MURUGESAN, Advocate ( SR-104119, 104120[F] dated 10/12/2019 ) +2 CC to M/s.M/S.ISAAC CHAMBERS, Advocate ( SR-104153,104154 [F] dated 10/12/2019 ) W.P(MD)Nos.12623 and 12624 of 2015 and M.P.(MD)Nos.1 and 1 of 2015 09.12.2019 RMI TK/SAR.1/11.12.2019/3P/9C