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2014 DIGILAW 3741 (MAD)

Palanisamy v. Superintendent of Police, Pudukkottai

2014-10-10

M.VENUGOPAL

body2014
Judgment : 1. Heard Mr. Palanisamy, party in person and Mr. V. Muruganandam, Learned Additional Government Pleader appearing for the Respondents. 2. The Petitioner has filed the present Writ of Certiorarified Mandamus, praying for passing of an order of this Court in seeking for the records relating to the impugned order, dated 04.10.2014, passed by the 2nd Respondent and to quash the same. Further, he has sought for passing of an order by this Court, directing the 2nd Respondent to grant permission to conduct public meeting on 13.10.2014 at East Street, Avudaiyarkovil, Pudukkottai District at 3.00 p.m. 3. The Petitioner has challenged the order of rejection dated 04.10.2014 passed by the 2nd Respondent in not granting in the permission to conduct the public meeting on 13.10.2014 at East Street, Avudaiyarkovil, Pudukkottai District at 3.00 p.m. 4. The main grievance of challenge made by the petitioner in regard to the impugned order dated 04.10.2014 passed by the 2nd Respondent is that it is a non-speaking order and further, the only reason assigned in the said order is that the public gathering will have communal motive. Further it appears that the said order was served on the Petitioner on 07.10.2014 only, as stated by the Petitioner. 5. The Petitioner informs this Court that the public meeting scheduled to take place on 13.10.2014, will take place in a peaceful manner and to say that it has a communal motive / colour is baseless one. Also he stated before this Court that by conducting the public meeting on 13.10.2014, the same will not cause any inconvenience to the general public. 6. The Petitioner strenuously contents that the meeting proposed to be conducted on 13.10.2014, the centering around the allotment of shops in the commercial building of Avudaiyarkovil Panchayat Union and the main grievance appears that the said shops were not allotted in accordance with law and the terms of the Panchayat Union. It is alleged by the Petitioner that that without publishing the tender notice in the papers has conducted auction and allotted the shops etc., 7. At this stage, Mr. It is alleged by the Petitioner that that without publishing the tender notice in the papers has conducted auction and allotted the shops etc., 7. At this stage, Mr. V. Muruganandam, Learned Additional Government Pleader appearing for the Respondents 1 to 3 brings it to the notice of this Court that, as against the Petitioner in Avudaiyarkovil P.S Crime No.136 of 2007, under Sections 341, 294(b) and 307 of IPC., case is pending and in Crime.No.138 of 2011, a case under Sections 120(B) and 397 of IPC., is pending and in Coimbatore City B.5 Police Singanallur Police Station in Crime No.1887 of 2011 under Section 302 of IPC., case is pending and as such, the Petitioner have a criminal back round and if the permission is granted to the Petitioner to conduct the Public Meeting, then there is a possibility of scrapping of Law and order problem and also taking note of the present law and order problem in Tamil Nadu, the permission sought for in regard to conduct of public meeting on 13.10.2014 was refused by the Inspector of Police, Aranthangi Circle, Pudukkottai District. Taking note of the fact that the petitioner is only to conduct a public meeting relating to the allotment of shop in Commercial building of Avudaiyarkovil Panchayat Union, this Court directs the Petitioner to apply before the 3rd Respondent / Inspector of Police Avudaiyar P.S. Pudukottai District for obtaining permission in regard to the proposed public meeting on 13.10.2014 and on receipt of the said application, the 3rd respondent is directed to accord permission to the Petitioner for conducting public meeting / gathering on 13.10.2014 by specifying the time in unequivocal terms that the Petitioner shall conduct the meeting from 6.00 p.m., to 9.00 p.m., also the 3rd Respondent Police is directed to take an affidavit of undertaking from the Petitioner that the proposed public gathering / meeting scheduled to be held on 13.10.2014 from 6.00 p.m., to 9.00 p.m., shall not cause any hindrance to the public and the same would be conducted in a serene atmosphere and also in an organized fashion. If the meeting exceeds the time limit prescribed by this Court, viz., at 9.00 p.m., then the 3rd Respondent is directed to immediately step in and stop the Petitioner and other speakers, if any, from proceeding with the meeting any further. If the meeting exceeds the time limit prescribed by this Court, viz., at 9.00 p.m., then the 3rd Respondent is directed to immediately step in and stop the Petitioner and other speakers, if any, from proceeding with the meeting any further. It is made clear that the Respondents 1 to 3 shall provide adequate police bandobest and protection in and around the visinity of the proposed public meeting on 13.10.2014 at the scheduled time from 6.00 p.m., to 9.00 p.m., and it is open to the Respondents to take appropriate action against the wrong doers / errants, if they violate any law or indulge in act of omission or commission to be made punishable by Law. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.