Certiorari issued quashing an order rejecting a group's permission to hold a peaceful meeting. The court held that arbitrary denial while granting similar permission to others violates fundamental rights.
Impugned order set aside; liberty to approach first respondent for permission; respondent to consider representation favorably on 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 OF JUDICATURE AT MADRAS
DATED :19.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
W.P.No.3057 of 2018
D.Damodharan .. Petitioner
Vs. 1.The Inspector of Police, Asthampatti Police Station, Salem – 7. 2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem – 636 007. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the order passed by the first respondent in Na.Ka.No.Kaa.Aa./C2PS.Se.Ma./2017. dated 03.02.2018 and quash the same and consequently directing the respondents to grant permission to the petitioner association for conducting the meeting, using mike and given the security for conducting the meeting on 20.01.2018 in front of TNSTC Head Quarters, No.12, Ramakrishna Salai, Salem – 7 by considering the petitioner's representation dated 07.02.2018 in accordance with law within a time frame.
For Petitioner : Mr.J.Franklin For Respondents : Mr.D.Raja, Additional Government Pleader. ORDER
The petitioner's association, intending to conduct meeting addressing about the Welfare Schemes under the 13th pay commission on 09.01.2018, had sought for permission for a meeting to be conducted at Tamil Nadu State Transport Corporation Limited, Head Quarters, Salem situated at no.12, Ramakrishna Salai, Salem.
Assistant Registrar(CS-ix)
//True Copy//
Sub Assistant Registrar
nl
To
2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem – 636 007.
+1cc to Mr.J.FRANKLIN Advocate, S.R.No. 12668
W.P.No.3057 of 2018
TR(21/02/2018)
3 issues framed by the court
Whether the rejection of permission to hold a peaceful meeting on grounds of public disturbance violates fundamental rights when similar permissions were granted to other associations.
Whether the respondent association was entitled to impose reasonable restrictions on the conduct of the meeting.
Whether the impugned order rejecting the petitioner's request to hold a meeting was maintainable in law.
2 provisions across 2 enactments
D. Damodharan
Inspector of Police, Asthampatti Police Station, Salem
Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited
M. S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
