This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondent No.1 to 3 to grant permission to petitioner to conduct the petitioners Party cadre Public Meeting on 26.11.2017 between 06.00 p.m to 10.00 p.m in the vacant land opposite to the Sundarapandian Marriage Hall in Survey No.1434, P.C.Patti Village, Theni District.
2.The petitioner states that he is the Secretary of South Zone of the political party by name, ?Tamil Puligal Katchi? at Theni District. He further states that the leader of the party had contested in the Election for Member of Legislative Assembly and that the party had conducted several demonstrations focussing common issues like creating legal awareness, prevention of Atrocities against the Schedule Tribes and Schedule Caste people and Mullai Periyar issue and atrocities against marginalized people. It is stated that the political party has decided to conduct a meeting on the 10th anniversary of their party and they have organized the public meeting on 26.11.2017 in the venue, which is a private land, taken by the petitioner by way of licence.
3.The third respondent in this writ petition filed a counter raising serious objections. The main objection is due to the reputation of petitioner's organisation/party and on the apprehension of the Law Enforcing Agency about the speakers of the orgainsation, who normally speak against the unity and sovereignty of this country and against the secular facet of our Constitution.
4.Though there are various other factual and legal issues raised in the counter affidavit, this Court is not in a position to appreciate the contentions of third respondent that the public meeting is meant for creating some problems either legally or on broad facts. Further, the objection raised by the third respondent is also about the traffic congestion, due to permission that is granted to the petitioner to conduct the meeting.
5.It is further stated that the speakers of the petitioner's party may speak anti-national and pro Tamil slogans and lectures which are likely to casue trouble affecting public peace and tranquillity. Hence, in the interest of maintenance of public peace, amity between people speaking various languages, permission should not be granted to the petitioner. In fact, Theni is a communally as well as linguistically sensitive city and maintenance of public peace and tranquillity in-tact is the paramount concern of the law enforcing agency. This Court has anxious consideration of all the objections raised by the third respondent. It is to be noted that the right to freedom of expression is a Constitutional guarantee given to some sections of public.
6.There is no objection to the meeting organised by the petitioner by any other section of public. Merely because, Section 30(2) of the Police Act has been promulgated and is in operation between 14.11.2017 and 28.11.2017, it cannot be said that permission for a public meeting is prohibited. It has been held by this Court in number of occasions that the provision of Police Act does not prohibit but to regulate such public or protest meeting, so that the law and order can be ensured.
7.In view of the above, this Court is inclined to direct the second respondent to grant permission to the petitioner to conduct the public meeting on 26.11.2017 between 06.00 p.m to 10.00 p.m in the vacant land opposite to the Sundarapandian Marriage Hall in Survey No.1434, P.C.Patti Village, Theni District subject to the following conditions:
(a) the petitioner or the organisers of the meeting who participate in the meeting shall not indulge in provoking speeches or slogans as against the unity and sovereignty of this country and shall not provoke any section of public.
(b) the petitioner is not permitted to park the vehicles which gather in the meeting and it is the responsibility of the petitioner to arrange for parking of their vehicles on their own.
They should not park outside the meeting venue on any account. The second respondent shall issue any reasonable restriction so as to ensure maintenance of law and order and public tranquillity.
8.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Superintendent of Police, O/o. the Superintendent of Police, Theni District, Theni.
2.The Deputy Superintendent of Police, NRT Nagar, Theni, Theni District.
3.The Inspector of Police, PC Patti Police Station, Theni District.
.