Petitioner challenged rejection of a rally permit. Court found refusal reason unsatisfactory. Granted liberty to approach D.S.P. with fresh application.
Petitioner granted liberty to approach the Deputy Superintendent of Police for fresh permission to conduct the rally, to be considered favorably on the same day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT JUDICATURE AT MADRAS
Dated: 15.09.2017
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.24894 of 2017
Jessy Gloria
.. Petitioner
Vs.
1.The State Rep. by
The Superintendent of Police
Kancheepuram
Kancheepuram District
2.The Deputy Superintendent of Police
Kancheepuram
Kancheepuram District
3.The Inspector of Police
B2, Vishnukanchi Police Station
Kancheepuram
Kancheepuram District .. Respondents
Writ Petition filed under Article 227 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent's impugned order in Na.Ka.No.155/Ka.Aa/B2 PS/2017 dated 14.09.2017 and quash the same as illegal and direct the 3rd respondent to grant protection to the two wheeler rally of the petitioner organisation to celebrate 139th Birth Anniversary of Thanthai Periyar by garlanding his statue on 17.09.2017 at 8 am.
For Petitioner : M/s.A.Arulmozhi For Respondents : Mr.D.Vairamoorthy Special Government Pleader ORDER
Heard Ms.A.Arulmozhi, learned counsel for the petitioner and Mr.D.Vairamoorthy, learned Special Government Pleader appearing for the respondents and with the consent of both the counsels, the writ petition is taken up for final disposal.
2.By order dated 14.09.2017, the third respondent had rejected the petitioner's request for granting permission for a two wheeler rally by the petitioner's organisation to celebrate the Birth Anniversary of Thanthai Periyar by garlanding his statue on 17.09.2017.
3.On a perusal of the rejection order, the reason adduced therein is not satisfactory. On the mere statement that such permission was not granted on earlier occasions, the refusal was made. Whenever it is brought to the notice of the police that a rally is being organized in a peaceful manner without affecting the law and order, it would be appropriate for the respondent to consider granting permission to such rallies.
4.At this juncture, when the learned Special Government Pleader, on instructions, submitted that if the petitioners approach the second respondent, the Deputy Superintendent of Police, Kancheepuram Sub-Division, Kancheepuram District, with a necessary application seeking permission for the rally, the same would be considered favourably.
With the above direction, the writ petition stands closed. No costs.
Sd/-
Asst.Registrar (CS V )
/true copy/
Sub Asst. Registrar
To
1.The Superintendent of Police Kancheepuram Kancheepuram District
+1cc to M/s.A.Arulmozhi, Advocate in sr.no.67408
W.P.No.24894 of 2017
NR 15/09/2017
2 issues framed by the court
Whether the High Court should interfere in the rejection of permission for a peaceful rally.
Whether the petitioner should be granted liberty to seek fresh permission from a higher-ranking authority.
Jessy Gloria
The State Rep. by The Superintendent of Police Kancheepuram
The Deputy Superintendent of Police Kancheepuram
The Inspector of Police B2, Vishnukanchi Police Station
M.S.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
