The court must balance the right of the political party to conduct a political meeting with the apprehensions raised by the police due to recent violent incidents, ensuring that any permission granted does not lead to further law and order problems.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order in Na.Ka.No.Nil/Ka.Thu.Ka.A dated 27.08.2023 passed by the 2nd respondent and quash the same, consequently directing the 2nd respondent to grant permission to conduct public meeting on 30.08.2023 at 4.00 pm near Vadalur Bus Stand, Cuddalore District.)

1. The proceedings of the 2nd respondent dt. 27.8.2023 has been put to challenge in this Writ Petition and the petitioner has sought for a consequential direction to the 2nd respondent to grant permission to conduct the public meeting on 30.8.2023 at 4.00 pm., near Vadalur Bus Stand, Cuddalore District.

2. The petitioner is the District Secretary Of Pattali Makkal Katchi (PMK) of Cuddalore District. According to the petitioner, the political party is celebrating the completion of 35 years and hence, it was decided to conduct the public meeting on 30.8.2023. An application was given on 17.8.2023, to grant permission and police protection. However, the impugned proceedings dt.27.8.2023, came to be issued by the 2nd respondent refusing to grant the permission. Aggrieved by the same, the present writ petition has been filed before this court.

3. The learned Additional Public Prosecutor has vehemently opposed the claim made by the petitioner on the ground that the concerned political party had conducted a gathering on 28.07.2023 and the party cadres have indulged in large scale violence resulting in the registration of an FIR in Crime No.272/2023 by the Neyveli Township Police Station against 28 named persons and others. It was submitted that the party cadres had caused damage to the vehicles and other properties. That apart, the socalled public meeting is conducted once again to wake up the NLC issue and the police are expecting that there will be yet another law and order problem. The learned Additional Public Prosecutor also submitted that provocative messages have been spread in the social media and there is also an attempt made to recognize and appreciate those persons who were involved in violence on 28.07.2023 and if the same is done, it will have a serious impact on the police force. The learned Additional Public Prosecutor submitted that the party should not be allowed to conduct any meeting at Cuddalore District and they should not be allowed to speak about the NLC issue. Accordingly the learned Additional Public Prosecutor has opposed the grant of permission to the political party to conduct the public meeting at Vadalur.

4. The learned Counsel for the petitioner submitted that the public meeting has been convened only to commemorate the completion of 35 years of the political party. The learned Counsel further submitted that the meeting will be conducted in a peaceful manner and no provocative speeches will be made and any conditions that are imposed by this court will be complied with. The learned Counsel further submitted that the earlier incident that took place is under investigation and that cannot be put against the party and they cannot be prevented from conducting the public meeting.

5. This court has carefully considered the submissions made on either side and the materials available on record.

6. The meeting is slated to be held tomorrow and hence, this court decided to pass final orders in the writ petition.

7. The learned Additional Public Prosecutor has circulated typed set of papers which contains the FIR that was registered when the earlier meeting ended in a large scale violence. The damages that were done to the Transport Corporation buses, NLC properties and the police properties have also been provided in the typed set of papers. That apart, all those messages that have been circulated in the social media and which according to the respondent police are provocative messages which has the proclivity to result in yet another law and order problem, has also been provided.

8. The lea