The right to assemble is constitutionally protected but subject to reasonable restrictions in light of public safety.

ORDER :

1. The prayer sought for in the present writ petition is to quash the order passed by the second respondent in C. No. 22/ 8AC/ Camp/ MC/2025 dated 04.02.2025 and direct the respondent to provide appropriate permission to the petitioner organization to conduct procession starting at Mannar Thirumalai Nayakkar College at 4 p.m., on 08.02.2025 and the procession ending at roundana of Pallanganatham, Madurai at about 5 PM and conduct the public meeting

2. The learned counsel appearing for the petitioner would submit that the petitioner is Treasurer of Akhil Bharathiya Vidyarthi Parishad (ABVP) South Tamil Nadu. The Akhil Bharathiya Vidyarthi Parishad founded in the year 1949 to conduct more student leader, skill development, medical camp, students wing activities, public meeting, rally and carrier guidance program through all over India. Now the organization ABVP has decided to conduct State Conference in south Tamil Nadu from 07.02.205 to 09.02.2025 at Madurai.. The students lecturers professor, state office bearres and social activist will participate and leading the above said conference. More than 300 students will participate from various district and said procession will start from Mannar Thirumalai Nayakkar College at 4.00 pm., on 08.02.2025 and will end up at roundana of Pallanganatham at about 5.00 pm., The public meeting will be conducted in the end of procession.

2.1. Therefore the petitioner sent a representation to the respondents on 22.01.2025 in person but so far the respondents have not responded for the representation. Thereafter a writ petition was filed in WP(MD) No. 3357 of 2025 and the same was listed on 05.02.2025. In the meantime the second respondent passed the impugned order on 04.02.2025 by rejecting the representation. The second respondent has mechanically rejected the permission and failed to consider the freedom of speech and right to assemble and democratic through dharnas, peaceful agitations, rallies and processions are fundamental aspects of a democratic society. The second respondent rejected the request three days prior to the event. Therefore the order passed by the second respondent is against fundamental right hence he filed the present petition.

3. The learned Additional Advocate General appearing for the respondents would submit that the writ petition is not maintainable. The petitioner has submitted petition to grant permission for the processsion from Mannar Thirumalai Nayakkar College at 4.00 pm., on 08.02.2025 and will end up at roundana of Pallanganatham at about 5.00 pm. In the representation dated 22.01.2025 they mentioned that the procession will start at 2.30 pm. and end at 5.00 p.m, and there will be a public meeting , therefore there are two different stand taken by the petitioner. The representation of the second respondent was received only 29.01.2025 and the same was considered and rejected on 04.02.2025. In the proposed route that is from Mannar Thirumalai Nayakkar College to roundana of Pallanganatham is 40 feet road and not permitted for any kind of procession and in between that there are two railway crossings and road works for extension is being carried out and there is also center median and therefore the said route will create heavy traffic congestion since the particular route is only entering the Madurai to Tirunelveli and there are many schools and colleges nearby and hence the proposed route is not feasible to conduct rally. More over, the District Collector, Madurai, through proceedings dated 29.11.2024 had earmarked places for conducting public agitation, rallies, protest, dharna and procession. As per the proceedings the route asked