S.Bhimarao v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR W.P.(MD)No.30602 of 2024 and W.M.P(MD) No.25689 of 2024 S.Bhimarao
...Petitioner
Vs.
1. The Superintendent of Police Office of the Superintendent of Police Office Virudhunagar District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Sathur, Virudhunagar District
3. The Inspector of Police Sathur Town Police Station Virudhunagar 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 connect with the impugned order passed by the respondent No.3 in Na.Ka. No. 655/V.A/Sathur/2024 dated 04.12.2024 and quash the same as illegal, consequently to direct the respondents to grant permission for conduct public protest on 26.12.2024 at 11.00 am to 1/6
01.00 pm or any other earliest date at Mukuranthal, Sathur, Virudhunagar District For Petitioner : Mr.S.Mohammed Yunnis Raja For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
The Writ Petition has been filed to call for the records in connection with the impugned order passed by the third respondent in Na.Ka. No. 655/V.A/Sathur/2024 dated 04.12.2024 and quash the same as illegal, consequently to direct the respondents to grant permission for conduct public protest on 26.12.2024 at 11.00 am to 01.00 pm or any other earliest date at Mukuranthal, Sathur, Virudhunagar District.
2. The contention of the petitioner is that the President is the State Student Wing Secretary in the Dalit Liberation Movement of Tamil Nadu and he is working for the upliftment of community members of the marginalized community members. The National Green Tribunal has taken suo motu cognizance and order compensation for the death of workers in the cracker factory and directed the State to disburse compensation amount to the victim but the State Government has not so 2/6
far paid the victims, hence he wanted to highlight the issue bring it to public notice and need to hold dharna. Hence the petitioner has sent a representation to the respondent police on 10.12.2024, but the third respondent had rejected the same on 04.12.2024. Last year permission was denied by the third respondent and the petitioner has filed a writ petition before this Court in W.P(MD) No.30171 of 2023 and obtained permission to hold dharna in Vadakku Radha Street, Sattur Taluk. The petitioner has been highlighting the public cause and moreso for the Dalit and marginalized people, hence the police are targeting him not granting permission and rejecting the petitioner's request when others protestors are permitted to hold Marusagotharar Guru Poojai on 26.10.2024, Rahul Gandhi Birthday on 20.06.2024 and Kamarajar birthday on 16.06.2024 and even in the same spot. Now it has been objected as though it would cause disturbance to the public and it is situated near to the market place.
3. The learned Additional Public Prosecutor submitted that the petitioner's reference to the previous year order in W.P(MD) No. 30171 of 2023 is with regard to the protest to be held in Vadakku Radha Street 3/6
and the three incident which the petitioner quotes are all for celebrating birthday and to paying reference to the leaders for a few minute and not to hold any public meeting. Holding public meeting in the busy street which is situated near the market and other area will only cause obstruction and further there is likelihood of law and order issue. Hence the petitioner has now been allotted alternate site in the open place on the left side of the road near Madurai Bus stand on 26.12.2024.
4. The learned counsel appearing for the petitioner, on instructions submitted that protest meeting can be held on 26.12.2024 in the alternate site now granted permission by the third respondent.
5. In view of the same nothing survives for further adjudication in the petitioner and the Writ Petition stands dismissed. No costs. Consequently connected miscellaneous petition stands dismissed. 20.12.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No aav Note : issue order copy on 20.12.2024 4/6
To
1. The Superintendent of Police Office of the Superintendent of Police Office Virudhunagar District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Sathur, Virudhunagar District
3. The Inspector of Police Sathur Town Police Station Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
M. NIRMAL KUMAR, J aav W.P.(MD)No.30602 of 2024 20.12.2024 6/6