Centre of Industrial Trade Union v. Commissioner of Police
2015-10-08
R.MALA
body2015
DigiLaw.ai
ORDER : Mr.N.Manoharan, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 3. The petitioner has come forward with the present Writ Petition for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the second respondent's impugned order dated 05.10.2015 and to set aside the same consequently direct the second respondent to give necessary permission and police protection to the petitioner's union to stage the demonstration on 09.10.2015 from 10.00 a.m to 12.30 noon, in front of the Tamil Nadu Labour Welfare Office, Ellis Nagar, Madurai, in support of their demand. 4. The learned counsel appearing for the petitioner would submit that the petitioner, which is a Centre of Industrial Trade Union, Madurai Maanagar Sumaippani Thozhilalar Sangam, wants to exhibit their grievance before the Labour Welfare Board, to show their solidarity to conduct the demonstration. Hence, the members of the union gave a representation to the respondent police on 02.10.2015 but the second respondent police passed an order dated 05.10.2015, stating that the place is not conducive for conducting the demonstration and rejected the same. Aggrieved against the said order of the second respondent the petitioner is before this Court. 5. Resisting the same, the learned Special Government Pleader appearing for the respondents submitted that the place sought for by the petitioner for demonstration is not conducive for demonstration and there is no impediment for the respondents to grant permission for conducting the demonstration in the alternative places pointed out by them namely (a) Kalavasal Junction and (b) in front of the Subramaniyapuram Police Station. Hence, he prays for dismissal of the petition. 6. Considering the rival submissions made by both sides and on perusal of the typed set of papers, it is seen that the petitioner is a Centre of Industrial Trade Union, Madurai Maanagar Sumaippani Thozhilalar Sangam, and the said Union wants to demonstrate the grievance of the Labours before the Tamil Nadu Labour Welfare Office, Ellis Nagar, Madurai. Hence he gave a representation seeking permission to conduct the demonstration in front of the Tamil Nadu Labour Welfare Office, Ellis Nagar, Madurai, at 10.00 am to 12.30 noon.
Hence he gave a representation seeking permission to conduct the demonstration in front of the Tamil Nadu Labour Welfare Office, Ellis Nagar, Madurai, at 10.00 am to 12.30 noon. Since the petitioner is a labour Union representing several members, they want to exhibit their grievances by way of demonstration only in front of the Tamil Nadu Labour Welfare Office, Ellis Nagar, Madurai. Therefore, the submission of the learned Special Government Pleader on the suggestion of providing alternative places cannot be accepted. Hence, it is a fit case for setting aside the impugned order of the of the second respondent dated 05.10.2015, which is highly un-sustainable. 7. In view of the above stated position, the respondents are directed to grant permission and police protection to the petitioner's Union to stage the demonstration on 09.10.2015 from 10.30 a.m., to 12.30 noon in front of the Tamil Nadu Labour Welfare Office, Ellis Nagar, Madurai, which will not cause any inconvenience to the public and also does not cause breach of peace. While issuing necessary permission to the petitioner, the respondent shall indicate all the conditions required for smooth and proper conduct of the demonstration in addition to the following conditions: "1. The demonstration shall be permitted to be held on 09.10.2015 between 10.30 a.m., and 12.30 noon. 2. The demonstration shall not be conducted beyond the above said time limit: 3. In the demonstration, there should not be any indictment to any expressions against any political party/leader, any religious or community leaders, groups or individuals either by words or deeds, which would affect their sentiments; 4. The volume of speakers provided should be at a minimum level, so as not to cause any disturbance to neighbors; 5. The people, who come to participate in the meeting, should come quietly without causing any disturbance or hindrance to the public at large; 6. The people, who come to participate in the demonstration, should come in a open van or sitting on top of the buses or van would certainly cause law and order problem; 7. There should not be any procession on account of this demonstration; 8. There should not be bursting of any crackers or erection of any flex boards; 9. The respondents Police shall provide adequate police protection for the safety and security of the persons, who attend the demonstration and the property and the general public; 10.
There should not be any procession on account of this demonstration; 8. There should not be bursting of any crackers or erection of any flex boards; 9. The respondents Police shall provide adequate police protection for the safety and security of the persons, who attend the demonstration and the property and the general public; 10. The speakers of the meeting shall address only on the labour issues and shall not speak on any other topics, which would affect the sentiments of other religious or political or communal parties/leaders; 11. After the proposed demonstration, the participants shall quietly disperse without causing any disturbance to people in and around and to the general public. 12. The participants should cooperate and abide by all the conditions of the respondent Police and their vehicles should be in the parking place and the vehicles should not be brought to the place of demonstration. 13. Strict discipline should be maintained and all the participants should co-operate with the respondent police for the peaceful conduct of the demonstration. 14. The speakers and the participants of the demonstration should ensure safety and security of the public property. 15. The speakers and the participants should adhere to the duration of the demonstration viz., 10.30a.m.,to 12.30 noon .m., and they cannot extend the demonstration beyond the said time. 16. the participants shall not cause any hindrance to general public or transport in any manner; and 17. The Petitioner is also directed to give an undertaking that if any untoward incident took place, he will be held responsible for the same." 8. It is made clear if any untoward incident or any issue with regard to law and order problem is created or the conditions violated, either by the participants or by the speakers in the demonstration, the respondents police is at liberty to take appropriate action in accordance with law. 9. The Writ Petition stands disposed of in the above terms. No costs.