R. Sankaranarayanan v. District Collector, Theni District
2015-02-09
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment 1. The petitioner has sought for a Writ of Mandamus directing the respondents to permit him and his members to conduct relay fasting from 09.00 a.m on 12.02.2015, onwards, in Sri Krishna Arangam, an indoor auditorium, Annanchi in Theni District, demanding the formation of a broad-guage railway line from Dindigul to Kumily and Madurai to Boadi, in the Theni District. 2. The grievance of the petitioner is that even though they are expressing their opposition in a democratic way, i.e by way of a hunger- strike, the third respondent rejected to grant permission. 3. From a perusal of the rejection order, passed by the third respondent, dated 25.01.2015, it is clear that permission was rejected on the grounds that (i) In Theni Sub-Division, the order under Section 30(2) of Police Standing Order, 1861 is in force ; (ii) since the petitioner and his members have decided to conduct hunger strike for a continuous period, it would cause disturbance to the general public and (iii) Without approaching the authorities and officials concerned, the petitioner and his members have decided to conduct the hunger strike. 4. The only contention of the petitioner is that they have already approached the authorities concerned and no steps have been taken and their rights cannot be curtailed by the police by way of passing a blanket order. 5. Heard both the parties. 6. By consent of both sides, the writ petition itself is taken up for final disposal. 7. Considering the submissions made by both sides, this Court is of the view that the Honourable Supreme Court and this Court time and again says of agitations by way of hunger strike can always be permitted, subject to any conditions to be passed by the authorities concerned. As rightly contended by the respondent, since no period has been mentioned in the petition, there cannot be a blanket order to be passed by the third respondent. Admittedly, the order under Section 30(2) of Police Standing Order, 1861 is in force in that area. Therefore, the petitioner cannot conduct the hunger strike without specific permission and that too only for a limited period. 8.
Admittedly, the order under Section 30(2) of Police Standing Order, 1861 is in force in that area. Therefore, the petitioner cannot conduct the hunger strike without specific permission and that too only for a limited period. 8. When the petitioner's counsel was asked whether he would restrict his prayer, on instructions, he would submit that the petitioner would conduct an agitation for three days only i.e from 12.02.2015 to 14.02.2015, from 8.00 a.m in the morning to 05.00 p.m in the evening in Sri Krishna Arangam, an indoor auditorium, Annanchi in Theni District, that too inside the premises, but not in the road, by abiding any conditions to be imposed by the respondents. 9. In view of the above undertaking made by the learned counsel for the petitioner, the petitioner is directed to make a fresh application to the authorities concerned to have an agitation between 12.02.2015, 13.01.2015 and 14.02.2015, that too inside the campus of in Sri Krishna Arangam, an indoor auditorium, Annanchi in Theni District and they will not do any slogan shouting, any procession or meeting outside the hall, by abiding any of the conditions to be imposed by the respondents. 10. On receipt of such application, the authorities concerned are directed to consider the same in tune with the order of this Court and pass appropriate orders on or before 11.02.2015. 11. In view of the above, this Writ Petition is allowed. No costs.