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2025 Supreme(Online)(Mad) 79707
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, M. Jothiraman, JJ
Senthilkannan – Appellant
Versus
The Director General of Police (HOPF), Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004. – Respondent
W.P.(MD) Nos.27532, 27540, 27541 & 27554 of 2025 | W.M.P.(MD) Nos.21422, 21423, 21429, 21431 & 21446 of 2025
For the Appellants/Petitioners: D.S. Haroon Rashid, B. Praveen Kumar, A. K. Amaravel Pandiyan, S. Packiya Muthu, R. Venkatesan
For the Respondents: N. R. Elango, E. Raj Thilak, P. Thilak Kumar, Veera Kathiravan, A. Thiruvadikumar, J. Ravindran, P. Thilakkumar
Interim restraints on granting permissions for public meetings on State/National Highways until a framed and Court-approved SOP for crowd management is in place.
Headnote:
Article 226 of the Constitution of India; Tamil Nadu State Highways Act; National Highways Act; W.P.(Crl.) No.884 of 2025; crowd management guidelines issued by the NDMA (National Disaster Management Authority), NIDM (National Institute for Disaster Management) and BPRD (Bureau for Police Research and Development). Without framing a Standard Operating Procedure (for short ‘SOP’), no authority/law enforcing agency shall grant any permission for conduct of any meeting - There is a temporary provision available under the Tamil Nadu State Highways Act for granting permission subject on payment of rent - not available under the National Highways Act - the court notes that the matter is sub judice before a related matter in W.P.(Crl.) No.884 of 2025; and the safety/governance framework advised by crowd-management guidelines: "NDMA, NIDM and BPRD".
Facts of the case - The incidents leading to the petitions involve a large public gathering on roads/highways prompting concerns about safety; the petitions seek framing of SOPs for regulating meetings in public places; the court notes that the matter in related proceedings is already before the Principal Bench in W.P.(Crl.) No.884/2025; the incident described mentions lives affected and the need for a policy decision to prevent such events in future.
Issues - The main questions framed are whether SOPs for crowd management should be framed before permitting meetings and whether authorities have power to grant permission for meetings on highways in the absence of such SOP.
Findings of Court - The court records the following directions: "There shall be an interim order directing the respondents and also the other arms of the State Government not to grant any permission to any political party or any other organization including the ruling party for conducting any public meeting in the State and National Highways"; it further directs that where permission is granted for designated places, the authority shall ensure safety measures including drinking water, medical facilities (ambulance at call), sanitation facilities, parking, etc.; the authority shall ensure escape/exit routes for free vehicular movement and no obstruction to traffic; the authority shall obtain necessary undertaking affidavits from organizers until SOP is finalised; the petitioners may seek impleadment in W.P.(Crl.) No.884/2025.
Issues (reiterated) - The need for formal SOP in the context of crowd-control and mass gatherings, and the legality/prudence of granting permissions without such SOPs, pending policy framing.
Ratio decidendi - The court rejects ad hoc permissions for mass gatherings on highways in the absence of a framed SOP and places interim safeguards while noting ongoing related proceedings; the decision emphasizes protection of public safety and procedural caution in the absence of a finalized policy.
Result - The writ petitions are disposed of with directions as stated above; interim measures are issued pending SOP framing and approval by the Court.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2025 CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)Nos.27532, 27540, 27541 & 27554 of 2025 and W.M.P.(MD).Nos.21422, 21423, 21429, 21431 and 21446 of 2025 W.P.(MD)No.27532 of 2025:
Senthilkannan ... Petitioner -Vs-
1.The Director General of Police (HOPF), Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
2.Tamilaga Vettri Kazhagam (TVK), Represented by its President, Mr.Vijay, S/o.S.A.Chandrasekar Plot No.275, Seashore Town, 8th Avenue, Panaiyur, Chennai 600 119. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the 1st respondent to draft and implement necessary and appropriate safety protocols and Standard Operating Procedures for all public gatherings, rallies and meetings to be conducted by and political party or such other organisation, which would draw public crowd.
For Petitioner : Mr.D.S.Haroon Rashid for Mr.B.Praveen Kumar For R-1 : Mr.N.R.Elango, Special Senior Counsel Assisted by Mr.E.Raj Thilak, Additional Public Prosecutor W.P.(MD)No.27540 of 2025 K.Kathiresan ... Petitioner Vs.
1. The State of Tamil Nadu Rep. by its Home Secretary, Secretariat, Chennai 600 009
2. The Election Commission of India, Rep. by its Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
3. The Chief Electoral Officer/Secretariat to Government, Public(Elections) Department, Secretariat, St.George Fort, Chennai - 600 009.
4. The Director General of Police(Head of Police Force), No.4, Dr.Radhakrishnan Saalai, Mylapore, Chennai - 600 004.
5. Tamilaga Vettri Kazhagam, Rep by its General Secretary, Bussy N.Anand, Plot No.275, Seashore Town, 8th Avenue, Panaiyur, Chennai 600 119.
6. Joseph Vijay, S/o.Chandrasekhar, Founder-President, Tamilaga Vetrri Kazhagam, Plot No.275, Seashore Town, 8th Avenue, Panaiyur, Chennai 600 119. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 4 to frame and notify appropriate rules, regulations, standard operating procedures(SOP's) for regulating political rallies, roadshows, conferences and other mass gatherings in Tamil Nadu by adopting the crowd management guidelines issued by the NDMA (National Disaster Management Authority), NIDM (National Institute for Disaster Management) and BPRD (Bureau for Police Research and Development), thereby mandating the imposition of stringent regulations which are legally enforceable on the organizers of such rally in order to ensure adequate safety and precautionary measures, with appropriate guidelines for the collection of safety deposits, indemnity bonds, enrolment of group insurance scheme from such organizers / political parties who intend to organize such rallies, large congregations to ensure compensation for victims who may suffer irreparable injury and loss of life in the event of any untoward incidents that may happen, by considering the petitioner's representation dated 29.09.2025 within a time limit that may be fixed by this Court.
For Petitioner : Mr.A.K.Amaravel Pandiyan For R-1 & R-3 : Mr.N.R.Elango, Special Senior Counsel Assisted by Mr.P.Thilak Kumar, Government Pleader For R-4 : Mr.Veera Kathiravan, Additional Advocate General – II, Assisted by Mr.A.Thiruvadikumar, Additional Public Prosecutor W.P.(MD)No.27541 of 2025 K.K.C.P.Prabahara Pandian ... Petitioner Vs.
1. The Election Commission of India, Rep. by its Commissioner, Ashoka Road, New Delhi.
2. The Election Commission of Tamil Nadu, Rep. by its Commissioner, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.
3. The Principal Secretary to the Government, Secretariat, Fort St.George, Chennai.
4. The Home Secretary to the Government, Secretariat, Fort St.George, Chennai.
5. The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai.
6. Tamilaga Vettri Kazhagam Rep. by its General Secre
