Prabhakaran .T v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.30649 of 2023 T.Prabhakaran ... Petitioner Vs.
1.The Commissioner of Police Madurai City
2. The Superintendent of Police, Alagar Kovil Road, Madurai District.
3.The Deputy Commissioner of Police, Sellur Division, Office at Anaiyur, Madurai City.
4.The Inspector of Police, Thiruppalai Police Station, Madurai City.
5. The Inspector of Police, Koodalpudur Police Station, Madurai City.
6.The Inspector of Police, Oomachikulam Police Station, Madurai City.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd to 6th respondents to grant necessary permission so as to perform two wheeler rally and public meeting at mentioned in the representation dated 15.12.2023 which is scheduled to be taken place on 24.12.2023. For Petitioner :Mr.S.Balaji For Respondents :Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)
O R D E R
This Writ Petition is filed in the nature of Writ of Mandamus, directing the 3rd to 6th respondents to grant necessary permission so as to perform two wheeler rally and public meeting at mentioned in the representation dated 15.12.2023 which is scheduled to be taken place on 24.12.2023.
2. Mr. R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have been seeking permission to 2/6
conduct two wheeler rally and public meeting 24.12.2023. The place where permission is sought for to conduct the rally and public meeting is a Highway and schools and colleges are located in the area. If permission is granted it will affect the traffic in the particular area.
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to comply the conditions imposed by the respondents.
5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.
6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file an undertaking 3/6
affidavit that they will comply the conditions to be imposed by the second respondent. The petitioner is also directed to make all necessary emergency arrangements for conducting the rally and the meeting. The second respondent is directed to impose conditions which are reasonable and in the demanding circumstances, the petitioner must comply the conditions. On such filing of affidavit and making arrangements, the second respondent is hereby directed to consider the representation of the writ petitioner dated 15.12.2023 positively and pass orders imposing necessary conditions based on the above said circular.
7. With the above directions, this Writ Petition stands disposed of. No costs.
21.12.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 4/6
To 1.The Commissioner of Police, Madurai City
2. The Superintendent of Police, Alagar Kovil Road, Madurai District. 3.The Deputy Commissioner of Police, Sellur Division, Office at Anaiyur, Madurai City.
4.The Inspector of Police,Thiruppalai Police Station, Madurai City.
5. The Inspector of Police, Koodalpudur Police Station, Madurai City. 6.The Inspector of Police, Oomachikulam Police Station, Madurai City. 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6
G.ILANGOVAN, J pnn Order made in Dated 21.12.2023 6/6