O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus to quash the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No. 10/Ka.Thu.Ka/Ka.Ku/Cula/2022, dated 09.08.2022 and consequently, to direct the respondents to grant permission to conduct two wheeler vehicles rally with Indian National Flag from Koottalumoodu to Nageroil on 14.08.2022 or any other day that may be fixed by this Court.

2.Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 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 the District President of Bharatiya Janatha Party Youth Wing, Kanniyakumari District. In order to celebrate the 75th Independence Day of this country, the petitioner authority have decided to celebrate the occasion by take out a two wheeler rally with National Flag starting from Badreswari Amman Temple campus at Koottalumoodu to Nagercoil Anna Stadium. For that, he gave a representation on 08.08.2022 stating that they proposed to conduct a rally on 10.08.2022 at 3.00 p.m. The third respondent, by his proceedings, dated 08.08.2022, has rejected the representation. He further submitted that the respondent police with a mala fide intention refused to grant permission. It is their constitutional right of over citizen of India for celebrating the Independence Day in many forms. The petitioner has chosen to celebrate the Independence Day Celebration by conducting two wheeler vehicle rally with national flag. The police has to power to regularize the vehicle rally and imposed certain conditions. But denial of permission totally is illegal. Hence, the learned counsel sought for setting aside the impugned order.

4.The learned Additional Advocate General appearing for the respondent police submitted that the rally is covered approximately 40 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. 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 is highly religious and communal sensitive area. He further submitted that on the route, there are so many Hospitals, Schools, Colleges, Churches and Mosques etc. Rally over 40 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 (The Superintendent of Police vs. Shanthakumar), (2) (1973) 1 Supreme Court Cases 227 (Himat Lal.K.Shah vs. Commission of Police and (3) (2020) 10 Supreme Court Cases 439 (Amit Sahni (Shaheen Bagh. In Re) vs. Commissioner of Police and others)

6. I have considered the rival submissions of the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondent police.

7. A perusal of impugned order shows that the third respondent