Dismissed

College Students and Graduate Association v. Directorate for Welfare of the Differently Abled

Madras HC16 Feb 2024WP/3889/2024

Case brief

AI extract

What is this about?

Writ petition filed by the College Students & Graduate Association of the Blind under Article 226 seeking direction for peaceful demonstration. The single bench held that the right to protest is subject to legal exercise and directed the petitioner to approach concerned authorities for necessary permissions via application, storing adjournment orders and costs against.

What did the court decide?

Petitioner granted liberty to apply to concerned authorities for demonstration permission; writ petition disposed of.

College Students and Graduate Association Vs… — Service and Employment | Madras HC (2024)

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W.P.No.3889 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.02.2024

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.3889 of 2024

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College Students & Graduate Association of the Blind – Rep. by its Secretary Ruban Muthu.S (M/23) S/o. R. Sampath, having registered office at No.58, Thakkar Bapa Vidhyalaya Venkat Narayana Road, T. Nagar Chennai – 600 017.

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.. Petitioner

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Vs.

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Directorate for Welfare of the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus Chennai – 600 005.

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District Differently Abled Welfare Officer DMS Campus, Teynampet, Chennai – 600 018.

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The Director

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School Education Department DPI Campus, College Road, Chennai – 600 006.

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Commissioner of Police Greater Chennai City Police Commissioner's Office E.V.R.Periyar Salai, Chennai – 600 007.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.3889 of 2024

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Inspector of Police F3, Valluvar Kottam High Road Ponnangipuram, Nungambakkam Chennai – 600 006. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India

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seeking a writ of Mandamus, directing respondents to let graduate

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blind students to do demonstration in a peaceful manner.

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For the Petitioner : Mr.R.Prabhakaran For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 to R3 Mr.J.Ravindran Additional Advocate General assisted by Mr.R.Muniyapparaj Additional Public Prosecutor and Mr.M.Sylvester John for R4 and R5

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ORDER

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(Made by the Hon'ble Chief Justice)

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Heard Mr.R.Prabhakaran, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.3889 of 2024

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Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 3 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.R.Muniyapparaj, learned Additional Public Prosecutor and Mr.M.Sylvester John, learned counsel for respondents 4 and 5.

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The present petition is filed seeking directions against the

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respondents to allow the peaceful protest of the blind students.

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No doubt, to protest or to demonstrate is a right. However,

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the right is to be exercised in a lawful manner.

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The petitioner is at liberty to apply to the concerned authority for demonstration/protest at an appropriate place, which application shall be considered by the concerned authority on its own merits and in accordance with law. In case some adverse orders are passed, not permitting to protest or demonstrate, the petitioner can agitate against the same.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.3889 of 2024

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With these observations, the writ petition stands disposed of.

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There shall be no order as to costs. Consequently, W.M.P.No.4221 of 2024 is closed.

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(S.V.G., CJ.) (D.B.C., J.) 16.02.2024 Index : Yes/No Neutral Citation : Yes/No

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drm

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https://www.mhc.tn.gov.in/judis

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W.P.No.3889 of 2024

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Directorate for Welfare of the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus Chennai – 600 005.

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District Differently Abled Welfare Officer DMS Campus, Teynampet, Chennai – 600 018.

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The Director School Education Department DPI Campus, College Road, Chennai – 600 006.

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Commissioner of Police Greater Chennai City Police Commissioner's Office E.V.R.Periyar Salai, Chennai – 600 007.

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Inspector of Police F3, Valluvar Kottam High Road Ponnangipuram, Nungambakkam Chennai – 600 006.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.3889 of 2024

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm)

W.P.No.3889 of 2024

16.02.2024

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https://www.mhc.tn.gov.in/judis

College Students and Graduate Association v. Directorate for Welfare of the Differently Abled

Case brief

What is this about?

What did the court decide?

College Students and Graduate Association v. Directorate for Welfare of the Differently Abled

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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