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2012 Supreme(Ker) 900

C.N.RAMACHANDRAN NAIR, P.S.GOPINATHAN
Basil Attipetti (Adv. ) – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Basil Attipetty, Johnson Manayani, T.R. Rajan, Peeyus A. Kottam, Advocates.
For the Government Pleader :K.P. Dandapani, Advocate General, Tom K. Thomas, Spl Government Pleader.
For the Respondent:P.V. Surendranath, Bindumol Joseph, B.S. Syamanthak and T.B. Hood, Advocates

JUDGMENT :

Ramachandran Nair, J.

The short question arising in these writ petitions filed in public interest is whether the judgment of this court confirmed by the Honourable Supreme Court prohibiting holding of meetings on public roads and road margins as violative of fundamental rights of the citizens guaranteed under Article 19(1)(d) of the Constitution of India can be got over through State legislation and when the State has made such a legislative invasion on the fundamental rights of the citizens of the country, shouldn't this court declare such law as unconstitutional and stillborn under Article 13(2) of the Constitution of India. The background of the impugned legislation and the developments that led to this second round of litigation to protect fundamental rights of the citizens of the State are stated below in brief.

2. Public meetings were held frequently by erecting panthal and by spreading chairs on tarred road in the junction in front of the Aluva Railway Station which is just opposite to the State Road Transport Bus Station causing road block for long time and preventing public access even to the Railway Station. A local resident filed a public interest litigation whic


































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