Right to free movement and peaceful protest is guaranteed under Article 19 but subject to reasonable restrictions to maintain public order.

ORDER

The petitioner, Ayyakannu, is the President of an organisation formed for the welfare of farmers and for promoting river water linkage. He has approached this Court seeking issuance of a writ of mandamus forbearing the respondents in any manner from interfering with the free movement of the petitioner and his members to go to New Delhi.

2.Learned Counsel for the petitioner submitted that the petitioner and his members travelled to New Delhi on more than one occasion, but they were deboarded from the train despite holding valid tickets. In September 2024, when they boarded the train at Trichy Junction bound for New Delhi, they were deboarded at Chengalpattu Railway Station. On another occasion, they were deboarded at a Railway Station in Madhya Pradesh. It is contended that such actions were deliberately taken to prevent the petitioner from proceeding to New Delhi to conduct a peaceful demonstration.

3.It was further submitted that the petitioner had faced similar obstructions earlier. In the years 2015 and 2016, he was prevented from travelling, which compelled him to file writ petitions before this Court in WP(MD)No.16079 of 2015 and WP(MD)No5281 of 2016. Those petitions were allowed, affirming his right under Article 19 of the Constitution.

Notwithstanding such orders, he is being prevented even now.

4.The petitioner highlighted his history of public protests. He had conducted a demonstration at Jandar Mandir, New Delhi, for 141 days, thereby creating awareness among farmers across India and drawing the attention of the Union Government. His association organised a farmers’ awareness march from Kanyakumari to Chennai in March 2018 lasting 100 days. He also formed a co-ordination committee with 190 farmers’ associations across India and conducted a farmers’ rally at New Delhi Parliament Street on 20.11.2017, which attracted national attention. According to the petitioner, the State and Central Governments have jointly acted to prevent him from conducting such agitations by obstructing his travel.

5.The petitioner had also approached the Hon’ble Supreme Court by filing a writ petition in WP(Civil).No.273 of 2025 seeking relief against such obstruction. That petition was dismissed, by order dated 22.04.2025, with an oral observation granting liberty to approach the appropriate High Court. Hence, the present writ petition has been filed.

6.The Commissioner of Police, Trichy, has filed a counter affidavit. It is stated that the petitioner conducts protests without prior permission, and even when permission is granted, he violates the conditions imposed. It is alleged that he instigates his members by using masks of the Prime Minister’s face, conducts fasts involving senior citizens thereby endangering their lives, participates in public meetings in half-naked attire causing public nuisance, and uses human skulls and bones as garlands in public protests, frightening children and women. One member of his association, Rajendran, popularly known as “Mandaiodu Rajendran”, is said to have used such garlands.

7.It is further alleged that the petitioner instigates his members to climb cellphone towers, plunge into the Cauvery River, bury themselves up to the neck in river sand, climb the Rock Fort Temple and Karthigai Deepam Tower, and even lie near burning dead bodies in cremation grounds. It is reported that 73 cases have been registered against the petitioner. It is further stated that while the petitioner's professed motive may