Suresh Babu.M v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.18975 of 2023 M.Sureshbabu ... Petitioner Vs 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Srirangam Division, Trichy.

3.The Inspector of Police, Srirangam Police Station, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records in pursuant to the consideration of the petitioner's representation under C.No:/E1.PS/TRC/2023, dated 09.09.2023 and quash the same as it is illegal and direct the respondents to grant permission to the petitioner to conduct public demonstration near Srirangam Old Bus Stand on 15.09.2023 or any other subsequent date fixed. For Petitioner : Mr.Karthikeya Venkitachalapathy For Respondents : Mr.SS.Madhavan, Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to respondent No.3 to grant permission basing on the representation of the petitioner, dated 09.09.2023, to conduct the public demonstration on 15.09.2023 by setting aside the orders passed by the respondent Police, dated 09.09.202,3 vide proceedings in C.No:/E1.PS/TRC/2023, declining to grant permission.

2. It is submitted by learned counsel for the petitioner that the petitioner being the Secretary of an orgnanization intending to stage dharna. Though the application stated to have been filed in advance, the said application was dismissed at the eleventh hour on the ground that the place where the petitioner's Organization intended to stage dharna is a bus stand, thereby, it caused inconvenience to the people. Learned counsel for the petitioner further submits that he is prepared to conduct the dharna in an alternative place suggested by the Police.

3. Learned Government Advocate (Criminal Side) submits that, in case, if a fresh application is filed requesting to stage dharna in an alternative place suggested by the respondent Police, permission will be granted. 2/4

4. Considering the submissions made by both sides and on perusal of records, this writ petition is disposed of, directing the petitioner to file a fresh application before the respondent Police giving dates to conduct dharna and identifying the place suggested by the respondent Police and on filing of such application, the respondent Police are directed to give permission by imposing suitable conditions. No costs. Consequently, the connected miscellaneous petition is closed.

20.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Srirangam Division, Trichy.

3.The Inspector of Police, Srirangam Police Station, Trichy..

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

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DR.D.NAGARJUN, J.

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