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Valluvarasan v. The Returning Office of Coimbatore Parliamentary Constituency

Madras HC16 Apr 2019WP/11754/2019

Case brief

AI extract

What is this about?

Writ petition filed by A.Valluvarasan challenging the denial of permission to hold a public meeting in Coimbatore due to law and order concerns. The Court observed that the venue was hypersensitive but noted the respondent had agreed to an alternative location. The petition was disposed of by granting permission for the meeting to be held at a non-sensitive place subject to conditions. No costs.

What did the court decide?

Permission granted to conduct public meeting at a non-sensitive alternative place subject to certain conditions.

Valluvarasan Vs The Returning Office of Coimbatore Parliamentary… — Election Law | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.04.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and

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THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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WP No.11754 of 2019

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A.Valluvarasan ... Petitioner Vs. 1. The Returning Officer of Coimbatore Parliamentary Constituency cum District Collector, Collectorate, Coimbatore – 641 018. 2. Single Window / Admission Section Officer (Incharge), 20 Coimbatore Parliamentary Constituency and the Assistant Commissioner of Police, Anti-Land Grabbing Cell, Coimbatore City, Coimbatore District. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of certiorarified mandamus, calling for the records from the 2^nd respondent pertaining to denial of conducting public meeting vide letter Na.Ka.No.491/P/SWS/20 CBEPC/2019 dated 10.04.2019 and quash the same and consequently direct respondents to give the permission to conduct the public meeting on 15.04.2019 at 5 PM in Ther Veethi, Sowripalayam, Coimbatore.

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For Petitioner : Mr.P.Saravanan

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For Respondents: Mr.Niranjan Rajagopalan Standing Counsel for ECI

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O R D E R

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(Order of this Court was made by S.MANIKUMAR, J.)

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Mr.A.Valluvarasan, stated to be the District Convenor of Coimbatore District Revolutionary Youth Front has made an application dated 08.04.2019 to the Single Window / Admission Section Officer (Incharge), 20 Coimbatore Parliamentary

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https://hcservices.ecourts.gov.in/hcservices/

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Constituency and the Assistant Commissioner of Police, Anti-Land Grabbing Cell, Coimbatore City, Coimbatore District, the 2 nd respondent for permission to conduct a public meeting on 15.04.2019 at Ther Veethi, Sowripalayam, Coimbatore, between 5 PM and 10 PM.

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2. Request of the petitioner has been rejected vide proceedings in RC No.491/P/SWS/20 CBEPC/2019 dated 10.04.2019, which is extracted hereunder.

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Na.Ka.No.491/P/SWS/20 CBEPC/2019 dated 10.04.2019

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Sub: Election 2019- 20 Coimbatore Parliamentary Constituency – sought for permission to conduct public meeting to support DMK alliance at 15.04.2019, on Sowripalayam, Cart Street, Coimbatore at about Evening 5PM to 10 PM reg. Ref: 1) petition dated 08.04.2018 by Valluvarasan, District Convenor, Revolutionary Youth Front, Kurnichi Colony, Thangam Trade Complex, Sulur, Coimbatore District. 2) Report of Inspector of Police, E-2, Peelamedu Police Station, dated 02.04.2019. Order: In view of Ref.1 of letter dated Valluvarasan, District Convenor, Revolutionary Youth Front, Kurinchi Colony, Thangam Trade Complex, Sulur, Coimbatore District, has sought for permission to conduct public meeting to support DMK alliance at 15.04.2019, on Sowripalayam Cart Street, Coimbatore at about Evening 5PM to 10 PM.

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2. While considering above petition and with reference of cited as 2, report of Inspector of Police, E2, Peelamedu Police Station dated 02.04.2019, if the permission for public meeting given, it will create law and order problem. Based on the report, the permission is rejected.

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/sd/

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Single Window / Admission Section Officer (Incharge), 20 Coimbatore Parliamentary Constituency and the

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Assistant Commissioner of Police, Anti-Land Grabbing Cell, Coimbatore City, Coimbatore District.

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https://hcservices.ecourts.gov.in/hcservices/

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3. Yesterday, when the matter came up for hearing, due to paucity of time and taking note of the time of the meeting 5PM scheduled on 15.04.2019, Mr.P.Saravanan, learned counsel for the petitioner made a request for grant of permission for the meeting to be conducted on 16.04.2019. Considering the request, we directed Mr.Niranjan Rajagopalan, learned counsel for Election Commission of India, to ascertain the reasons as to why meeting proposed on 15.04.2019 was rejected, when the said Revolutionary Front has been granted permission to conduct meeting at someother places. That apart, we also noticed except stating that there would be likelihood of law and order problem, no specific instances were quoted.

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4. Reverting at 4.20 PM, on 15.04.2019, Mr.Niranjan Rajagopalan, learned counsel for Election Commission of India submitted papers as to why meeting proposed on 15.04.2019 was rejected. We directed the Registry to post the matter on 16.04.2019 in the motion list. Thus, it is listed today.

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5. On instructions from the Assistant Commissioner of Police, Law & Order (East), Coimbatore City, Coimbatore, Mr.Niranjan Rajagopalan, learned counsel for Election Commission of India submitted that the Assistant Commissioner of Police, Law & Order (East), Coimbatore City, Coimbatore, has stated that permission may be granted to the writ petitioner, at someother non-sensitive public meeting place with stipulated conditions.

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6. From the reading of the instructions, given to the learned Additional Government Pleader, it could be seen that according to the Assistant Commissioner of Police, Law & Order (East), Coimbatore City, Coimbatore, the place demanded by the petitioner is hyper sensitive on National Integrity / political point of view. Over the past 3 years, one murder case, one murder for gain case, one attempt to murder case, seven hurt cases have reported. He has further stated that revenge / retaliation assault incidents are frequently reported at Sowripalayam, making it a sensitive pocket.

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7. Mr.Niranjan Rajagopalan, learned counsel for Election Commission of India submitted that the 2 nd respondent has stated that Sowripalayalam is a sensitive pocket, on all points of view, however, permission may be granted to the petitioner to have the public meeting at some other non sensitive place, subject to conditions. Submission of Mr.Niranjan Rajagopalan, learned counsel for Election Commission of India, is placed on record.

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8. Though, Mr.P.Saravanan learned counsel for the petitioner, insisted for permission for the public meeting at

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https://hcservices.ecourts.gov.in/hcservices/

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the place, initially sought for, i.e., vide representation dated 08.04.2019, Mr.Niranjan Rajagopalan, learned counsel for Election Commission of India submitted that the Single Window / Admission Section Officer (Incharge), 20 Coimbatore Parliamentary Constituency and the Assistant Commissioner of Police, Anti-Land Grabbing Cell, Coimbatore City, Coimbatore District, 2 nd respondent, had already spoken to the organizers, who had agreed to conduct the meeting, at someother place.

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9. In view of the above, permission is granted to the writ petitioner to have public meeting at some other non sensitive place, subject to conditions. Writ petition is disposed of, accordingly. No Costs.

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Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
To
1. The Returning Officer of
Coimbatore Parliamentary Constituency
cum District Collector,
Collectorate,
Coimbatore – 641 018.
2. Single Window / Admission Section Officer (Incharge),
20 Coimbatore Parliamentary Constituency and the
Assistant Commissioner of Police,
Anti-Land Grabbing Cell,
Coimbatore City, Coimbatore District.
+1cc to Mr.P.Saravanan, Advocate Sr.37273
WP No.11754 of 2019
pm[co]
srg 22/04/2019

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https://hcservices.ecourts.gov.in/hcservices/

Valluvarasan v. The Returning Office of Coimbatore Parliamentary Constituency

Case brief

What is this about?

What did the court decide?

Valluvarasan v. The Returning Office of Coimbatore Parliamentary Constituency

Case brief

What is this about?

What did the court decide?

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