1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.8474 of 2011 and M.P.(MD)No.1 of 2011 M.Muthukumar, S/o R.Mari, District Organizer, Cheripulikal Iyakkam, No.1/15, Seeramabur, Parthipanoor Post, Paramakudi Taluk, Ramanathapuram District. ... Petitioner Vs. 1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2. The Deputy Superintendent of Police, Ramanathapuram Sub-Division, Ramanathapuram District, Ramanathapuram. 3. The Inspector of Police, B-2, Bajar Police Station, Ramanathapuram district. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned communication dated 25.07.2011 on the file of the respondent No.2 and quash the same as illegal and consequently to direct the respondent No.2 to grant permission to conduct the Public Meeting on 14.08.2011 for 4 hours i.e., 6.00p.m. to 10.00p.m. or any other date at place of the Palace Entrance, Ramanathapuram. For Petitioner ... Mr.T.Lajapathi Roy For Respondents ... Mr.M.Govindan Special Government Pleader ORDER This writ petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus to call for the records pertaining to https://hcservices.ecourts.gov.in/hcservices/ 2 the impugned communication dated 25.07.2011 on the file of the respondent No.2 and quash the same as illegal and consequently to direct the respondent No.2 to grant permission to conduct the Public Meeting on 14.08.2011 for 4 hours i.e., 6.00p.m. to 10.00p.m. or any other date at place of the Palace Entrance, Ramanathapuram. 2. Heard Mr.T.Lajapathi Roy, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioners have made an application to the Superintendent of Police seeking permission to conduct a meeting on 14.08.2011 in front of the Ramanathapuram Palace and the said request was declined by the Deputy Superintendent of Police by proceedings dated 25.07.2011, which is under challenge. Hence, this Writ Petition has been filed by the petitioners. 5. The reasons for rejecting the petitioners' claim are as follows: The place on which the petitioner wants to conduct the meeting is situated in the heart of the city. The people from various castes and communities will be moving around the said place and there is also a shandy nearby the spot identified by the petitioner. No permission is being granted for conduct of meeting by caste based or religious based forum, as it will lead to law and order problem and breach of public peace and therefore in exercise of power under Section 30(2) of the Police Act, the claim was rejected. 6. The learned Counsel for the petitioners pleads that the petitioner hails from the lower status of society viz., Arunthathiyar and they seek permission to conduct the meeting to highlight their apathy and grievances for betterment of their rights, including reservations. He has relied upon the decision of this Court in Manitha Neethi Pasarai, represented by its District President Vs. Inspector of Police, Madurai City(Intelligence Section), Madurai, reported in (2009)1 MLJ 695, to emphasise the plea that a citizen has a fundamental right to express his opinion. That freedom of speech and expression cannot be curtailed merely on the basis that it is likely to cause law and order problem, particularly in a case of this nature. 7. The learned Special Government Pleader states that the respondents police have rejected the request for the reasons as already set out above and reiterated the same. He further submits that the date of meeting (i.e.) 14.08.2011 is the eve of the Independence Day and the police will have to be on high vigil and therefore the said date is not suitable. In any event, in order to ensure that peace, harmony and public safety is not jeopardized, https://hcservices.ecourts.gov.in/hcservices/ 3 alternative site is suggested for conducting the meeting on another date and that the petitioner should conduct the meeting without offending other caste or religion. 8. This contention of the respondents is tenable and accepted. 9. Taking note of the various decisions of this Court, granting permission to conduct meeting subject to certain restrictions or control measures, this Court is inclined to direct the respondents to grant permission to conduct the meeting on 19.08.2011 at Sandaipet, in Ramanathapuram City. The timing of the meeting will be between 06.00 p.m. to 10.00 p.m. The petitioners shall give an affidavit of undertaking that they will not indulge in any form of inflammatory speeches touching upon any caste, creed or religion. The meeting will be only to further the cause of the Arunthathiyar and their claim for social empowerment. 10.This Writ Petition is ordered as above. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To: 1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2. The Deputy Superintendent of Police, Ramanathapuram Sub-Division, Ramanathapuram District, Ramanathapuram. 3. The Inspector of Police, B-2, Bajar Police Station, Ramanathapuram district. +1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.27495 ssl akm/12.08.11 /3p-5c/ W.P.(MD)No.8474 of 2011 and M.P.(MD)No.1 of 2011 12.08.2011 https://hcservices.ecourts.gov.in/hcservices/