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1998 DIGILAW 1667 (MAD)

State Of Tamil Nadu And Another v. M. U. Krishnaparayanar

1998-12-04

K.P.SIVASUBRAMANIAM, SHIVARAJ V.PATIL

body1998
Judgment :- SHIVARAJ PATIL, J. Heard the learned Additional Advocate General and the learned counsel for the respondent. 2. Learned Additional Advocate General submitted that if 200 persons are permitted to assemble in that Seerani Agrangam, Marina Beach, there may be difficulty for the police people to maintain law and order, having regard to all other circumstances, such as, the place is an open place accessible to general public. On 6th December, 1998, the police force is required all over the State in several places and in order to avoid any difficulty and to maintain law and order, the members of the respondent-Sangam may not be permitted. He also added that the appellants have all the respect for the national leader. 3. Learned counsel for the respondent submitted that the respondent is also equally interested in maintaining the law and order. He added that instead of 200 persons, 100 persons can be permitted to assemble and pay respect to the National Leader Dr. Baba Saheb Ambedkar by garlanding photo or statue, as the case may be. Even the period for assembling and paying respect day be for half an hour instead of 2 hours and it could be any time on 6th December, 1998 commanding from 6 a.m. 4. In the light of the submissions made by the learned counsel for the parties and the order impugned in this writ appeal passed by the learned single Judge in his discretion having regard to all aspects, we think it is just and appropriate to dispose of this writ appeal by the following order :- The order of the learned single Judge is modified so as to restrict the members from 200 to 100 identified persons to be identified by the respondent to attend the Anniversary Memorial Function of Dr. Baba Saheb Ambedkar and also restricting the time to half an hour from two hours between 6 a.m. and 6.30 a.m. on 6-12-1998. To this extent the order of the learned single Judge is modified. We make it clear that it is open to the police to take appropriate action, in case, if there is any gathering more than 100 persons at the time and place aforementioned. 5. The Writ appeal is disposed of accordingly. No costs. Consequently, pending C.M.P. is dismissed. Order accordingly.