IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 10782 of 2005 Between: United Labour Federation, Rep. by its General Secretary Mr. A Elumamali S/o Annamalai, Kil Vinayagapuram, Pattabhi Ramapuram Post, Tiruthani Taluk, Tiruvallur District - 631 209. ..... PETITIONER AND 1 The Superintendent of Police, Chittoor, Andhra Pradesh. 2 The Sub Inspector of Police, Nagari Police Station, Nagari, Chittoor District, 3 The Management of S.L.V. Spinning Mills Pvt. Ltd, Keelapattu, Nagari, Chittoor District, Andhra Pradesh. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus consequently direct respondents 1 and 2 to grant permission and necessary police protection to the petitioner to hold a peaceful gate meeting and hoist the union flag on the opposite side of the factory main gate without obstructing to the traffic on 1-5-2005 ie., on MAY DAY and pass such other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner:SMT.P.VIJAYA KUMARI Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: The petitioner is the General Secretary representing United Labour Federation situated at Pattabhiramapuram Post, Tiruthani Taluk, Tiruvallur District. The 3rd respondent is the Management of SLV Spinning Mills Private Limited having 500 workmen. Out of 500 workmen 300 employees are permanent, in which 175 are the members of the petitioner union. It is stated that since majority of the workmen in the 3rd respondent-management joined in the petitioner union, the 3rd respondent started to persecute the workers specifically who are the key activists in the petitioner union. It is further stated that the petitioner union made representations dated 27-08-2004 and 15-09-2004 to the 2nd respondent-Sub Inspector of Police, Nagari seeking permission to hold a gate meeting and hoist union flag on 19-09-2004. Initially, the 2nd respondent-S.I. of Police orally accorded permission but later due to the influence of the 3rd respondent-management, rejected the permission. Later, the petitioner union made a representation dated 20-02-2005 to the 1st respondent-Superintendent of Police, Chittoor, who in turn referred the matter to the Sub Divisional Police Officer, Chittore and thereupon, the Sub Divisional Police Officer referred to the Circle Inspector, also rejected the permission on the ground that the 2nd respondents refrained from granting permission to the petitioner union. Hence, this writ petition has been filed seeking a declaration that the said action of the respondents 1 and 2 in not granting permission for the said purpose is arbitrary and illegal. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. Since the reason stated by the 1st respondent-Superintendent of Police, Chittoor in not granting permission to the petitioner union on the ground that the 2nd respondent-S.I. of Police rejected the permission, is not a justifiable ground. Without expressing any opinion on merits of the case, I deem it appropriate that the interest of justice demands that the 1st respondent-Superintendent of Police is directed to reconsider the representation dated 20- 02-2004 made by the petitioner union and to pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of two weeks from the date of receipt of a copy of the order. With the above direction, the writ petition is disposed of. No costs. __________ 29-04-2005 Mjl/* To, 1 The Superintendent of Police, Chittoor, Andhra Pradesh. 2 The Sub Inspector of Police, Nagari Police Station, Nagari, Chittoor District, 3 2 CCs to G.P. for Home, High Court Buildings, Hyderabad. 4. 2 CD copies.