1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.13351 of 2011 S.Karthick, The Joint Secretary, Students Federation of India, Madurai District (Rural), No.27F, Sarvodhaya Main Road, Mahaboopalayam, Madurai – 625 016. ... Petitioner Versus 1. The Superintendent of Police, Madurai District, Madurai. 2. The Deputy Superintendent of Police, Thirumangalam, Madurai District. 3. The Sub Inspector of Police, Town Police Station, Thirumangalam, Madurai District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the third respondent in Na.No.211/MIKE/E1.P.S./TMM/2011, dated 20.11.2011, quash the same and consequently direct the respondents to permit the petitioner to organize a hunger strike in front of the Taluk Office, Thirumangalam between 9 A.M. and 5 P.M on 24.11.2011 or on any other subsequent date subject to the condition that may be imposed by this Honourable Court. For Petitioner : Mr.Shaji Chellan For Respondents : Mr.M.Alagathevan Special Government Pleader O R D E R The petitioner has come up with the above Writ Petition, challenging an order rejecting the request of the Students Federation of India, Madurai District (Rural) for holding a hunger strike and demonstration against a group of Educational Institution for allegedly charging heavy fees. 2. Heard Mr.Shaji Chellan, learned Counsel for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader for the respondents. 3. Though the Writ Petition came up for admission, the third respondent was also present in Court. Therefore, the learned Special Government Pleader was able to get instructions. 4. A perusal of the affidavit in support of the Writ Petition and the impugned order shows that the petitioner merely wants to go on a https://hcservices.ecourts.gov.in/hcservices/ 2 hunger strike and hold demonstrations against a group of Private Educational Institutions, who allegedly charge exhorbitant fees. The third respondent has rejected the request first on the ground that the petitioner had not lodged a complaint and had not obtained the permission of the School Education Department. But it is not necessary to lodge a complaint nor is it necessary to obtain the permission of the School Education Department to hold demonstrations against Educational Institutions. For holding demonstrations, for a public cause, the petitioner should obtain only the permission of the respondents and not the School Education Department. The lodging of a complaint is also not a pre-requisite. 5. The other reason stated in the impugned order is that permission is refused taking into account the law and order problem. But that is a very general and vague statement. The right of the petitioner to hold demonstrations for a cause that they seek to propagate, cannot be curtailed. As held by the Division Bench of this Court, Section 30 of the Police Act, is only regulatory in character. The same cannot be used to refuse permission. Therefore, the impugned order deserves to be set aside. 6. However, on instructions, the learned Special Government Pleader submitted that the venue could be shifted by the petitioner to a place near the statue of Muthu Ramalinga Thevar. The petitioner agrees for the same. The petitioner also wants to post pone the event to 30.11.2011 in view of the short interval of time. The respondents have no objection to the change of date. 7. In view of the above, the Writ Petition is allowed, setting aside the impugned order and directing the respondents to grant permission, for the petitioner to hold a tri-cycle campaign between 03.00 p.m and 06.00 p.m on 29.11.2011, without causing hindrance to the free flow of traffic. The respondents shall permit the petitioner to hold the hunger strike at the place indicated above on 30.11.2011 between 10.00 a.m and 05.00 p.m. No costs. ps Sd/- Assistant Registrar[AS] /True copy/ TO Sub Assistant Registrar 1. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUMANGALAM, MADURAI DISTRICT. 3. THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT. +1 CC TO M/S.L.SHAJI CHELLAN, ADVOCATE SR.NO.41143 +1 CC TO SPECIAL GOVERNMENT PLEADER, SR.NO.41259. W.P (MD)No.13351 of 2011 DATED:23.11.2011 2P/6C RPB : 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/