R. Subramanian, K.K. Sasidharan

1. The challenge in this intra-Court appeal is to the order of the learned Single Judge dated 28.04.2018 made in W.P. No. 8652 of 2018, in and by which, the learned Single Judge while, rejecting the prayer of the respondent for issuance of a Writ of Mandamus directing the 3rd respondent to grant permission as per his representation dated 02.04.2018 to conduct fasting struggle for 90 days from 09.04.2018 at Marina Beach in Chennai, directed the respondents to grant permission to the respondent to hold a peaceful fast meeting in the place to be earmarked at Marina Beach only for a day with such reasonable restrictions as they deem fit and proper. The respondent sought for issuance of a Writ of Mandamus directing the appellants to permit him to conduct a fasting struggle for 90 days from 09.04.2018 at Marina Beach to espouse the cause of agriculturists in Tamil Nadu. The cause for the said protest was said to be non-constitution of Cauvery Water Management Board despite the final judgment of the Hon'ble Supreme Court directing constitution of the Cauvery Water Management Board. Apprehending that the appellants may refuse permission, the petitioner had approached this Court.

2. After issuance of notice in the Writ Petition, the appellants had filed a counter affidavit contending inter alia that no permission was granted to any Organization including political parties to conduct any demonstration, fast, protest, rally etc., in the sands of Marina for longer duration since 2003. It is also claimed that the State Government had decided not to grant permission to conduct demonstrations, public meetings, Rallies, Fasts, etc., by political parties and other Organizations, in view of the efforts taken to preserve the 'Marina' which is the second longest beach in the World.

3. The Chennai Corporation was also instructed to locate alternative sites for holding such protests or demonstrations, Reference was also made to the decision of this Court in W.P. No. 22402 of 2004. The challenge in the said Writ Petition was to the order of the 3rd appellant viz., Commissioner of Police, Chennai City refusing to grant permission to one Mr. Srinivasan to celebrate the 62nd Anniversary of the Quit India Movement in 'Marina'. Pending the above Writ Petition, as a special case, permission was granted to commemorate the 62nd Anniversary of the Quit India Movement at a place close to Gandhi Statue located on Kamaraj Salai and recording the same the Writ Petition was dismissed.

4. It is also pointed out that the same petitioner in W.P. No. 22402 of 2004 had filed another Writ Petition in W.P. No. 35442 of 2006 seeking permission to celebrate 150th Birth Anniversary of Lokmanya Balagangadhar Tilak at 'Marina'. As per the directions of the Division Bench of this Court dated 10.10.2006, permission was granted to the said Srinivasan to celebrate the 150th Birth Anniversary of Lokmanya Balagangadhar Tilak between 17.00 hours and 18.00 hours without use of mike in the Service Lane on the Marina without encroaching upon the beach sands. It is also pointed out that ever since 2003, permissions are granted to organize social awareness programmes, rallies and other social activities including marathons only on the Service Lane and not on the sands of Marina. Such permission, it is pointed out, is granted only for one or two hours during non-peak hours so that the regular traffic on Kamaraj Salai which is a busy arterial road in the city is not disturbed.

5. It is also placed on record vide the counter affidavit that permissions for protests in any form has not been granted either on Kamaraj Salai or on the sands of Marina. It is the further contention of the appellants that the Chennai Corporation has identified three alternative locations, which are as follows:

1. Near Valluvar Kottam, Nungambakkam within the limits of F3-Nungambakkam Police Station.

2. Near Quaid-e-Millath Manimandapam, Binny Link Road, Chindadripet within the li