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2026 Supreme(Online)(Mad) 51091
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
G. Saravanan – Appellant
Versus
District Collector, Madurai District – Respondent
WP CRL.(MD). No.3281 of 2026
For the Appellants/Petitioners: G. Saravanan
For the Respondents: M. R. Priyanka Jothi, D. Rajaboopathy
Peaceful protest and the expression of dissent are fundamental democratic rights protected under Article 19(1)(a) and 19(1)(b) of the Constitution of India, which cannot be suppressed by the state unless reasonable restrictions provided by law are applicable.
Headnote:The petitioner sought a Writ of Mandamus under Article 19(1)(a) of the Constitution of India to permit a peaceful fast on 22.06.2026 and the renaming of a museum, following the demolition of a historical site. The court analyzed the balance between the state's administrative orders and the citizen's fundamental right to expression. The central issue was whether the rejection of the petitioner's representation to fast peacefully violated constitutionally guaranteed rights. The court reasoned that peaceful protest and expression of dissent are integral to a democratic polity and that criminal prosecution or administrative hurdles cannot be used to suppress lawful dissent, subject only to reasonable restrictions. With the above direction, this Writ Petition is allowed.
| Table of Content |
|---|
| 1. the petitioner seeks mandamus for the right to fast peacefully following an administrative rejection. (Para 1 , 2 , 3) |
| 2. constitutional protection of freedom of speech, expression, and peaceful assembly under article 19. (Para 4 , 6) |
| 3. quashing of restrictive administrative orders to facilitate the exercise of fundamental rights. (Para 7 , 8) |
PRAYER :-
To direct the respondents Nos. 1 -3, to permit the petitioner to fasting on 22.06.2026 on front of the Rani Mangammal Chathiram Opp to Railway station and also to rechange the name of Gandhi Museum to the name of Rani Mangammal Palace, Madurai by considering the petitioner's representation dated 03.06.2026.
ORDER
This Writ Petition is filed seeking to issue Writ of Mandamus directing the respondents Nos. 1 -3, to permit the petitioner to fasting on 22.06.2026 in front of the Rani Mangammal Chathiram Opp to Railway station and also to rechange the name of Gandhi Museum to the name of Rani Mangammal Palace, Madurai by considering the petitioner's representation dated 03.06.2026.
2. The petitioner had appeared in person and submitted that having demolished the Rani Mangammal Chathiram, the respondent authorities are not taking any steps to honour her. In this regard, they have given a representation seeking to observe fasting on 22.06.2026. The same is not considered. Hence this petition.
3. The Government Advocate submitted that already the petitioner's representation was considered and rejected by order dated 09.06.2026 in proceedings bearing Na.Ka.No.71/2026.
4. The petitioner submits that he sought permission to conduct a fasting peacefully and that right of expression is a constitutionally guaranteed right under Article 19(1)(a) of the Constitution of India. It is the case of the petitioner that expressing one’s views in a democratic nation cannot be criminalised unless the act satisfies the ingredients of a penal provision. Criminal law cannot be invoked to curtail peaceful expression, which is the bedrock of democratic governance.
5. Heard either sides and carefully perused the materials available on record.
6. Article 19(1)(a) and 19(1)(b) of the Constitution guarantee freedom of speech and expression, and the right to peaceful assembly without arms. These rights can be restricted only by reasonable restrictions provided by law. The Hon'ble Supreme Court has consistently held that peaceful protest is a recognized democratic right. Peaceful protest and expression of dissent are integral to a democratic polity and are protected under Article 19(1)(a) of the Constitution of India, subject to reasonable restrictions. Criminal prosecution cannot be used as a tool to suppress lawful dissent.
7. In view of the same, the impugned order dated 09.06.2026 in proceedings bearing Na.Ka.No.71/2026 is quashed and the petitioner is permitted to observe fasting on 22/6/2026, as required in his representation. The police is directed to offer necessary police protection in this regard.
8. With the above direction, this Writ Petition is allowed.
19.06.2026
NCC : yes / no
Index : yes / no
Note : Issue order copy on 19.06.2026
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