High Court of Judicature at Madras
V. DHANAPALAN, J.
T.M. Thaniyarasu
Versus
The Commissioner of Police & Others
W.P. No. 611 of 2014
Decided On : 09-01-2014
1. By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal.
2. Heard Mr.R.Shanmugasundaram, learned Senior Counsel appearing for the petitioner and Mr.A.L.Somayaji, learned Advocate General assisted by Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents.
3. Challenging the impugned order dated 05.01.2014 passed by the 4th respondent, whereby, the request of the petitioner seeking permission to hold Public Meeting on 10.01.2014 at Kalaignar Arangam, Annai Sivagami Nagar Playground, Thiruvottiyur, Chennai 600 019, was declined, the petitioner has come up with the present Writ Petition seeking to quash the same and for a consequential direction to the respondents to grant permission to the petitioner to hold Public meeting on 10.01.2014 in the said premises, as scheduled, by using loudspeakers and to provide sufficient police protection for the public meeting and its participants.
4. According to the petitioner, he is an active member of the DMK Party, holding the post of Town Secretary of Thiruvottiyur Town of DMK Party. Formerly, he was a Municipal Councilor of Thiruvottiyur Municipality and a member of the District Planning Committee of Thiruvallur District.
5. He would further submit that the DMK Party is gearing up for the forthcoming General Election to the Loksabha and every District Unit of the DMK is generating funds for the party to meet the expenses in contest to the Parliamentary elections. The Thiruvallur District Unit has decided to conduct a public meeting at Thiruvottiyur to motivate the cadre and to hand over the collected funds to the Treasurer of the DMK Party cum former Deputy Chief Minister of Tamil Nadu, Hon'ble M.K.Stalin in the presence of the partymen and the general public. The public meeting is to be presided over by DMK Party Thiruvallur District Secretary Mr.Madhavaram S.Sudharsanam. The Public meeting will be addressed by leaders of the District, who will give speeches motivating the cadre and the public to extend support for the DMK Party. The function is scheduled to be held on 10.01.2014 at about 6.00 p.m and it was unanimously resolved by the Party Thiruvottiyur Town Committee to hold public meeting at Kalaignar Kalaiarangam, Annai Sivagami Nagar Playground, Thiruvottiyur Town Committee, Chennai-19, where there is a built up concrete stage and public meetings are usually held by all political parties.
6. Earlier, the public meeting was scheduled to be held on 15.11.2013 and therefore, the petitioner made an application to respondents 1 and 2 on 05.11.2013 requesting them to grant permission for conducting public meeting and respondents 1 and 2, in turn, on the very same day, forwarded the petitioner's application without making any adverse comment thereby sanctioning his request. But, unfortunately, the public meeting scheduled to be held on 15.11.2013 could not be held due to announcement of the Bye-Election to Yercaud Assembly Constituency on 4th December 2013 and hence, the DMK Party District unit postponed the date of the meeting to 10.01.2014. After the by-election, the petitioner made a fresh application to the 4th respondent for the postponed meeting on 10.01.2014 and also sought permission to use loud speakers and the Village Development Sangam, Annai Sivagami Nagar, Ennore also issued "No Objection Certificate", for conducting public meeting.
7. Enclosing all the particulars, the petitioner made a renewed representation to the 4th respondent on 25.12.2013 to grant permission for conducting public meeting scheduled to be held on 10.01.2014 and he was informed by the respondents that there would not be any difficulty in according permission for the venue for the meeting on 10.01.2014, since the respondents did not raise any objection earlier for the meeting scheduled on 15.11.2013, which happened to be postponed. Hence, the District Unit of the DMK started making elaborate arrangement for the meeting and
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