The refusal to grant permission for a public meeting based on vague apprehensions of law and order, without specific evidence or detailed enquiry, violates the fundamental right to freedom of speech and expression under Article 19 of the Constitution of India.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent in Na.Ka.No.97/Ka.Aa.A./Theni.Ka.Ni./2026, dated.13.08.2026 refusing permission to conduct of a public Meeting in Memory of Irumporai Gunasekaran being 29th Death Anniversary by the Tamil Desa Marxiya Kazhagam, on 29.08.2026 at Theni Bungalowmedu between 6.00p.m. To 09.00p.m and quash the same.

For Petitioner : Mr.A.John Vincent For Respondents : Mr.C.Susikumar Government Advocate (crl.side)

O R D E R

This writ petition has been filed in the nature of a Certiorarified Mandamus, challenging the order passed by the 3rd respondent on 13.08.2026, wherein, refusing to grant permission to conduct a public meeting in memory of Irumporai Gunasekaran, on the occasion of his 29th death anniversary, organized by the Tamil Desa Marxiya Kazhagam, on 29.08.2026 at Bungalowmedu, Theni, from 06.00 p.m. to 09.00 p.m., and seeking a consequential direction to the respondents to grant permission to conduct the said programme.

2. Heard both sides.

3. The case of the petitioner is that the petitioner is a member and organiser of the “Tamil Desa Marxiya Kazhagam,” a political party. The then leader of the said Kazhagam, namely, Irumporai Gunasekaran, was a great humanist and human rights activist who had dedicated his entire life to the upliftment of marginalised people, irrespective of caste or creed, and to the eradication of the caste system. In memory of the beloved late leader, Irumporai Gunasekaran, the members of the said Kazhagam conduct a public meeting every year to commemorate his life and service.

3.1. For the current year, the 29th death anniversary of the late leader would fall on 29.08.2026. Therefore, in order to conduct the said public meeting, the petitioner submitted a petition seeking permission from the 3rd respondent, proposing to hold the meeting at Theni Bungalowmedu, between 06.00 p.m. and 09.00 p.m. In this regard, the petitioner submitted a representation dated 04.08.2026, to the 3rd respondent, seeking permission to conduct the said public meeting. The said request was considered by the 3rd respondent and was consequently rejected by way of the impugned order dated 13.08.2026, which is under challenge in the present proceedings.

3.2. The reasons stated for rejection are that, in the previous years, though the petitioner had conducted similar events, the conditions imposed by the authorities were allegedly violated, resulting in law and order problems. On a similar occasion, permission was granted to conduct the event on 11.02.2024, during which also a law and order problem allegedly arose. Consequently, a case was registered in Crime No.71 of 2024 for the offences under Sections 143, 341 and 353 of the IPC, and a final report was filed. The said case was thereafter taken on file as C.C.No.120 of 2025 on the file of the Chief Judicial Magistrate, Theni.

Further, it is stated that a prohibitory order is in force under Section 30(2) of the Police Act. It is also stated that Bungalowmedu is a congested locality situated in the centre of Theni Town, and that conducting the proposed public meeting at the said place would likely cause traffic congestion and other forms of public nuisance. On the above grounds, the 3rd respondent rejected the petitioner's request for permission. Aggrieved by the said order, the present writ petition has been filed.

4. Mr.C.Susikumar, learned Government Advocate, would submit that the fact that the petitioner organised similar events in the years 2024 and 2025 is not in dispute. The grievance and objection is primarily with regard to the proposed timing of the public meeting, namely, from 6.00 p.m. to 9.00 p.m., which may not be suitable, as the place earmarked for conducting the public meeting is a congested area and a large number of members of the public may assemble there during the eve