P.Jagatheesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN P.Jagatheesh ... Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District Thoothukudi.

2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3. The Inspector of Police, Kalugumalai Thoothukudi District.

... 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 on the file of the 3rd respondent in connection with the impugned order of rejection passed in his proceedings No.NIL dated 28.09.2023 and quash the same as illegal and arbitrary and consequently direct the respondents to grant permission to conduct the Dharna and Protest against Kalugumalai Town Panchayat in a peaceful manner near by Kammavar Kalyana Mandapam, Kalugumalai on 22.10.2023 for the following among other facts and circumstances of the case. 1/6

For Petitioner : Mr.G.Thalaimuthurasu, For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in connection with the impugned order of rejection passed in his proceedings No.NIL dated 28.09.2023 and quash the same as illegal and arbitrary and consequently direct the respondents to grant permission to conduct the Dharna and Protest against Kalugumalai Town Panchayat in a peaceful manner near by Kammavar Kalyana Mandapam, Kalugumalai on 22.10.2023 for the following among other facts and circumstances of the case.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.

3.Heard both sides.

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4. The learned counsel appearing for the writ petitioner submitted that the Kalugaumalai Town Panchayat is not providing drinking water and other facilities to the people regularly, so the Bharatiya Janata Party has decided to conduct a dharna and protest against the Kalugumalai Town Panchayat in a peaceful manner near by Kammavar Kalyana Mandapam, Kalugumalai on 22.10.2023, for which, the petitioner sought permission of the police by giving a representation. But, the third respondent had considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.

5. The learned Additional Public Prosecutor would submit that the above said representation was rejected stating that the proposes area is heavily traffic congestion area. Apart from that, in a routine manner, such sort of representation has been made by the petitioner.

6. The petitioner must avoid such sort of representation in a casual manner. Without making any pre-arrangement, the repeated representation has been made by the petitioner changing the place as well as the idea. Such sort of attitude cannot be appreciated. 3/6

7. Apart from that, the learned Additional Public Prosecutor would submit that the affidavit must be filed by the petitioner stating that they will not make any defamatory statement against either public, religious people or the political people as the case may be.

8. Let fresh representation be made by the petitioner by mentioning correct particulars with regard to the purpose of the above said protest or dharna as the case may be, alternative place along with above said affidavit. The third respondent is directed to consider the fresh representation of the petitioner and is at liberty to impose any reasonable conditions, if so required.

9. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the third respondent dated 28.09.2023, is hereby set aside.

09.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

1. The Superintendent of Police, Thoothukudi District Thoothukudi.

2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3. The Inspector of Police, Kalugumalai Thoothukudi District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 09.10.2023 6/6