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2024 Supreme(Online)(Mad) 49758

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
K.SENTHAMIZHSELVI – Appellant
Versus
THE DIRECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.10056 of 2024 and W.M.P.Nos.11062 & 11064 of 2024

1. K.Senthamizhselvi

2. Niranjan Vijayan ... Petitioners Vs.

1. The Director, Information And Public Relations, Secretariat, Chennai -600 009.

2. The Chief Engineer, Public Works Department, Chennai Region, Chepuak, Chennai -600 005.

3. The District Collector, Cum District Election Officer, Chennai District, Chennai -600001.

4. The Commissioner Of Police, Greater Chennai, Vepery, Chennai -600 007. ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents to permit the Petitioners and the followers of Babasaheb Dr. Ambedkar to Celebrate the Birth Anniversary of Dr.Ambedkar on April 14,2024 at Annal Ambedkar Manimandapam at Raja Annamalai Puram, Chennai, between 7.00 AM and 9.00 PM, and to permit the display and sale of the literature by Dr.Ambedkar (Writings and Speeches of Dr. Ambedkar) within the Manimandapam premises, and also, to provide the basic amenities taking note of the needs of the persons with disability and the general public gathering at Annal Ambedkar Manimandapam, Raja Annamalai Puram, Chennai on 14.04.2024 to pay their tributes to Babasaheb Dr. Ambedkar, For Petitioners : Ms.R.Vaigai, Senior Counsel for Mr.C.Prabhu For Respondents: Mr.J.Ravindran, Additional Advocate General, assisted by Mr.N.Naveen Kumar, Government Advocate (for R1 to R3);

Mr.S.Vinoth Kumar, Governmnt Advocate (crl.side) (for R4).

ORDER

The lis on hand has been instituted to direct the respondents to permit the Petitioners and the followers of Babasaheb Dr. Ambedkar to celebrate the birth anniversary of Dr.Ambedkar on April 14, 2024 at Annal Ambedkar Manimandapam at Raja Annamalai Puram, Chennai, between 7.00 AM and 9.00 PM, and to permit the display and sale of the literature by Dr.Ambedkar (Writings and Speeches of Dr. Ambedkar) within the Manimandapam premises, and also, to provide the basic amenities taking note of the needs of the persons with disability and the general public gathering at Annal Ambedkar Manimandapam, Raja Annamalai Puram, Chennai on 14.04.2024.

2. The petitioners state that they are the followers of Dr.Ambedkar.

They embraced Buddhism. The first petitioner K.Senthamizhselvi is an Advocate and published the writings and speeches of Dr.Ambedkar through "Voice of Buddha Editions". The second petitioner also publishes works of Dr.Ambedkar and Buddhism through "Inclusive Dhamma Publications".

3. The learned senior counsel Ms.R.Vaigai would submit that the petitioners are willing to display their books during the birth anniversary of Babasaheb Dr. Ambedkar on 14th April, 2024, in Annal Ambedkar Manimandapam at Raja Annamalai Puram. Since the representation submitted by the petitioners long back was not considered by the respondents, the present writ petition came to be instituted. Ms.R.Vaigai, learned senior counsel would strenuously contend that the publications are rare one and therefore, the petitioners are interested in propagating the speeches and writings of Babasaheb Dr.Ambedkar. Many speeches of Dr.Ambedkar are not made available in public, and the petitioners are taking efforts to publish those contends for the benefit of the people. As an architect of Indian Constitution, the speeches in the Constituent Assembly are not published in entirety and certain ideologies of Dr.Ambedkar are yet to be made known to the pubic in general. Thus, the petitioners are working hard to publish those speeches, articles and ideologies through their publishers.

4. The petitioners are seeking space to display their books for the benefit of the people, who all are assembling on 14 April, 2024, in Annal Ambedkar Manimandapam at Raja Annamalai Puram. That apart, the infrastructural facilities were not provided last year and the basic amenities were also not adequately provided last

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