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2025 Supreme(Online)(Mad) 26411

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE B.PUGALENDHI
State co-ordinator of a political party – Appellant
Versus
2nd respondent – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

Table of Content
1. factual background and context of protest permission refusal (Para 1 , 2 , 3 , 10 , 11 , 19)
2. contentions by petitioner and respondent police on protest timing and leader participation (Para 4 , 5 , 7)
3. court's analysis of police reasoning and law enforcement responsibility (Para 6 , 8 , 9 , 18 , 20)
4. constitutional rights of protest versus reasonable restrictions (Para 12 , 13 , 14 , 15 , 17)
5. ratio decidendi on balancing protest rights and public order (Para 16)

ORDER

This writ petition has been filed by the state co-ordinator of a political party, as against the order passed by the 2nd respondent in Na.Ka.No.39/Camp/Ka.Thu.Ka/Mana/2025, dated 06.07.2025 and for a consequential direction to the respondents to grant permission to the petitioner political party to conduct protest near Thiruppuvanam santhai Thidal on 08.07.2025 between 2pm and 7 pm.

2.By the impugned order, the 2nd respondent has rejected the request of this petitioner for conducting protest on the issue of death of one Ajith Kumar of Sivagangai district. The 2nd respondent has rejected the request of the petitioner on the following grounds:

“1.Prior Protest Held: The party had already conducted a

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