Delitta v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Delitta ... Petitioner Vs.

1. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2. The Inspector of Police, Valliyoor Police Station, Tirunelveli 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 relating to the impugned proceedings issued by the 2nd respondent vide Na.Ka.No.06/Va.Kaa.Ni/2023 date.04.10.2023 and to quash the same as illegal and consequently direct the respondents to grant permission to the petitioner's Association Tamil Meenavar Koottamaippu to conduct a demonstration on 14.10.2023 at 4 pm near the Old Bus Stand, Valliyoor where all the public meetings and demonstrations are usually held.

For Petitioner : Mr. A.Rajini For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.

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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 relating to the impugned proceedings issued by the 2nd respondent vide Na.Ka.No. 06/Va.Kaa.Ni/2023 date.04.10.2023 and to quash the same as illegal and consequently direct the respondents to grant permission to the petitioner's Association Tamil Meenavar Koottamaippu to conduct a demonstration on 14.10.2023 at 4 pm near the Old Bus Stand, Valliyoor where all the public meetings and demonstrations are usually held.

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

3.Heard both sides.

4. The learned counsel appearing for the writ petitioner submitted that the petitioner is ready to suggest the alternative place instead of the place, which has been suggested earlier.

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5. The learned Additional Public Prosecutor would submit that the second respondent is ready to consider the alternative place, if it is peaceful.

6. Let the petitioner give a fresh representation to the second respondent by mentioning alternative place to conduct the above said demonstration. He is directed to comply any of the conditions that will be imposed by the respondents. Let an undertaking affidavit 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. The second respondent is directed to consider the above said fresh representation of the petitioner and pass orders.

7. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 04.10.2023, is hereby set aside.

13.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 3/5

To

1. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 13.10.2023 5/5