Bhimarao.S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.30171 of 2023 S.Bhimarao ... Petitioner Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathur, Virudhunagar.
3.The Inspector of Police, Sathur Town Police Station, Virdhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the third respondent to grant appropriate permission and adequate police protection to conduct public meeting on 27.12.2023 from 06.00 pm to 10.00 p.m in Vadakku Ratha Street, Sathur Taluk, Virudhunagar District, or any other alternative date by considering the Petitioner's representation dated 09.12.2023 in accordance with law within the time stipulated by this Court.
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For Petitioner : Mr. R.Alagumani For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.
O R D E R
This writ petition is filed to direct the third respondent to grant appropriate permission and adequate police protection to conduct public meeting on 27.12.2023 from 06.00 pm to 10.00 p.m in Vadakku Ratha Street, Sathur Taluk, Virudhunagar District, or any other alternative date by considering the Petitioner's representation dated 09.12.2023 in accordance with law within the time stipulated by this Court.
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 public meeting, is going to be held on 27.12.2023. Subsequent to the same, in order to conduct a public meeting on 27.12.2023, he sought permission of the Police by giving a representation dated 09.12.2023. 2/6
But, the second respondent has 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 representation that was made by the petitioner came to be rejected by the competent authority, on the apprehension of creating law and order problem in that area. Hence, the place of the meeting is going to be restricted by the third respondent herein. If any fresh representation is given by the petitioner, along with undertaking affidavit to the effect that the above said event will be held in peaceful manner in the place to be stated by the third respondent, the same will be considered by the respondent police.
6.Accordingly, the petitioner is directed to file an undertaking affidavit along with fresh representation, before the first respondent, within a week from the date of receipt of a copy of this order, stating that he will comply all the conditions whatever imposed upon them to conduct the above said event in peaceful manner. On such filing of the undertaking affidavit and fresh representation, it may be considered by 3/6
the third respondent favourably imposing reasonable conditions by following the order of the Hon'ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy District and another, in W.P.(MD).No.12535 of 2023, dated 24.05.2023 and in the light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019.
6. With the above direction, this writ petition stands disposed of. No costs.
19.12.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss 4/6
To
1. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathur, Virudhunagar.
3.The Inspector of Police, Sathur Town Police Station, Virdhunagar District.
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G.ILANGOVAN, J dss Order made in W.P(MD) No.30171 of 2023 Dated : 19.12.2023 6/6