The right to conduct processions or hold public meetings can be regulated in the interest of all, but must not be abridged or denied. Religious processions cannot be prohibited or curtailed solely based on the presence of religious structures, and the authorities should regulate, not prohibit, such processions to prevent untoward incidents or law and order problems.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent herein to give permission to the petitioner to conduct Two-Wheeler National Flag Rally on 15.08.2022 at about 2.00 p.m. from Kaliyakkavilai to Vivekananda Kendram, Kanyakumari as a part of celebration of Amrit Mahotsav by considering the petitioner's representation, dated 02.08.2022.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus to direct the first respondent herein to give permission to the petitioner to conduct Two-Wheeler National Flag Rally on 15.08.2022 at about 2.00 p.m. from Kaliyakkavilai to Vivekananda Kendram, Kanyakumari as a part of celebration of Amrit Mahotsav by considering the petitioner's representation, dated 02.08.2022.

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 an organizer of Amrit Mahotsav Festival Committee, Vivekananda Kendram, Kanyakumari. The Vivekananda Kendram works to create the awareness for the need of organized work for regeneration of nation. In order to celebrate 75th years of Independence Day, the petitioner organization is decided to conduct several activities for the college students in order to develop National Consciousness. In pursuance of the 75th Year Independence Day, the Amrit Mahotsav committee decided to conduct a Two Wheeler Nation Flag Rally on 15.08.2022 at about 2.00 p.m from Kaliyakkavilai to Vivekananda Kendram, Kanyakumari through college students and proposed to take rally with 100 volunteer college students and closing ceremony will be conducted at Sunrise Point, Vivekananda Kendram. Hence, they are seeking permission by giving representation dated 02.08.2022 to the respondents. Since the first respondent is not inclined to give permission to conduct rally, the petitioner is filed this petition seeking the above said relief.

4. The learned Additional Advocate General appearing for the respondent police by filing a counter submitted that the rally is covered approximately 54 kilometers. When 100 two wheelers were permitted, there will be 500 members would participate. It would cause huge inconvenience to the general public and there is an apprehension of possibility of breach of public peace and law and order and it would also hindrance to the movement of traffic and in the road, many hospitals and schools are situated. It is a main way to connect Thiruvandrum to Kanyakumari National Highway road. He further submitted that the Kanyakumari District is the one of the religious sensitive districts. After Mondaicade incident in 1982, various restrictions with regard to religious and communal functions are inforce. He further submitted that Justice Venugopal Committee Report also recommended to ban religious processions in the sensitive areas. He further submitted that routes fixed by the petitioner for the Two Wheeler National Flag rally from Kaliyakkavilai to Vivekananda Kendram, Kanyakumari is highly religious and communal sensitive area. He further submitted that on the route, there are 50 Hospitals, 32 Schools, 15 Colleges, Bishop house, 36 Churches, 10 Mosques etc. Rally over 54 kilometers may create untoward incidents. Further, on August 15th Day, the entire District Administration will be fully engaged in various activities in conducting the Independence Day Celebration. Therefore, during the Independence Day Celebration Two-Wheeler National Flag Rally may not be permitted. Hence, the learned Additional Advocate General prays for dismissal of this petition.

5. In support of his arguments, the learned Additional Advocate General relied upon the following Judgments of the Hon'ble Supreme Court and this Court:-

(1) W.A(MD)No.798 of 2022 (Th