Encouraging public events in the context of national celebrations and providing necessary police protection.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to order dated 15.06.2022 vide proceedings Nil passed by the third respondent and quash the same as illegal consequently direct the respondents herein to grant permission for conducting Thiya Jothi Thodar Ootam starts from Bharathiyar Statue Tirunelveli Junction and ends at Vachinathan Memoraial Hall situated a Vanchi Maniyachi in the light of Thiyagi Vanchinathan Memorital Day and 75th Year Independence Day Celebration on 17.06.2022 from 06.30 a.m. to 10.00 a.m.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to order dated 15.06.2022 vide proceedings Nil passed by the third respondent and quash the same as illegal consequently, direct the respondents herein to grant permission for conducting Thiya Jothi Thodar Ootam starts from Bharathiyar Statue Tirunelveli Junction and ends at Vachinathan Memoraial Hall situated a Vanchi Maniyachi in the light of Thiyagi Vanchinathan Memorital Day and 75th Year Independence Day Celebration on 17.06.2022 from 06.30 a.m. to 10.00 a.m.

2. Mr.M.Sakthikumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submitted that the petitioner is proposed to celebrate 75th year Independence Day and Thiyagi Vanchinathan Memorial Day. In pursuance of that memorial, they are organizing several programmes and one of the programmes is Thiya Jothi Thodar Ootam, which starts from Bharathiyar Statue, Tirunelveli Junction to Vachinathan Memorial Hall situated at Vanchi Maniyachi, in which, several social activities and freedom fighters and other Legislative Members are proposed to participate and pay tribute to the freedom fighter Vanchinathan. In this regard, the petitioner gave representation on 20.05.2022 seeking permission for conducting Thiya Jothi Thodar Ootam scheduled to be held on 16.06.2022 and 17.06.2022. But the third respondent police, by the impugned order dated 15.06.2022 rejected the representation. Challenging the same, the present writ petition has been filed.

4. The learned Government Advocate (Crl.side) appearing for the respondents, on instructions, submitted that there will be a traffic problem and possibilities of accidents, since the proposed Thiya Jothi Thodar Ootam is on the National Highway and schools are opened recently.

5. I have considered the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.

6. On perusal of records, it is seen that the petitioner is organizing to conduct several programmes in view of 75th Year Independence Day and Thiya Jothi Thodar Ootam starts from Bharathiyar Statue, Tirunelveli Junction to Vachinathan Memorial Hall situated at Vanchi Maniyachi, for which, permission has been sought by the petitioner from the third respondent and the same was rejected.

7. I have perused the impugned order passed by the third respondent. The permission was rejected by the third respondent on the ground that if Thiya Jothi Thodar Ootam is permitted, there will be a traffic conjunction and possibilities of accidents in the Highways. The reason given in the impugned order is not acceptable one. Apart from this reason, there is no valid reason assigned by the third respondent in the impugned order for rejecting the permission.

8. The petitioner being the citizen of India, is organizing to conduct many programmes in remember of Thiyagi Vanchinathan in view of 75th year Independence day. The respondent police ought to have encourage the petitioner instead of rejecting the permission without assign any valid reason. The Central and State Government