IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN WP.No.7877 of 2017 and WMP.No.8592 of 2017 M.Chandramohan ... Petitioner Vs
1. State of Tamil Nadu, rep. by its Secretary, Home Department, Fort St. George, Chennai – 60 009.
2. The Commissioner of Police, The Greater of Chennai, Vepery, Chennai – 600 007. ... Respondents This writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus restraining the respondents 1 and 2 from obstructing, preventing the peaceful assembly and conduct of the meeting under the banner of Uzhave Thalai.
For Petitioner : Mr.Suresh for M/s.D.Nagasaila For Respondents : Mr.M.K.Subramanian, GP assisted by Mrs.T.Vasudhara Thiagarajan, AGP ORDER The prayer made in the writ petition is to issue a writ of Mandamus restraining respondents 1 and 2 from obstructing and preventing the peaceful assembly and conduct of the meeting under the banner of 'Uzhave Thalai'.
2. According to the petitioner, 'Uzhave Thalai' is a people's initiative started to create awareness about farming and issues relating to agriculture and provide longer term sustainable solutions for it. It consists of farmers, banking officials, farm labourers, educationalists, environmentalists, water resource management experts, organic farmer collective, students and various NGOs, who are working towards solving the agrarian crisis. In order to create awareness among farmers and general public regarding the agrarian crisis and find out the possible ways to solve the same, the petitioner planned to organize an event scheduled to be held on 31.03.2017 in YMCA ground, Nandanam, Chennai, under the banner of 'Uzhave Thalai', by putting Shamiyana, in which, several experts in various fields like organic farming, water conservation, desilting, finance and banking etc. are going to address the issues and render their help and suggestions to the farmers. Accordingly, information was already sent to all the farmers in Tamil Nadu and permission was also obtained from the management of YMCA, however, the same was obstructed and prevented by the respondents. Hence, the petitioner made a representation dated 31.03.2017 to the second respondent requesting not to interfere with the peaceful conduct of the meeting under the banner 'Uzhave Thalai' peacefully. However, the said representation was rejected. Therefore, he has come up with the present writ petition for the above stated relief.
3. On 2.4.2017, as an urgent matter, the Writ petition was taken up for hearing by the Hon'ble Justice M.S.Ramesh. At that time, the respondents filed a counter affidavit and raised their objections stating that there is a likelihood of the event being turned violent at any point of time and that, the venue i.e., YMCA, Nandanam is located in the main arterial Road, Anna Salai and if there is any disruption, the entire traffic in the city would be paralized. Therefore, a suggestion has been made to consider an alternate site. Accordingly, the petitioner made a fresh representation to the Assistant Commissioner of Police, Pattabiram Range, Chennai seeking permission to conduct Uzhave Thalai symposium event to be held at Pandeshwaram Village near Avadi, enclosing the consent letter from the owner of the said land.
4. Today, when the matter was taken up for consideration as additional list, learned Government Pleader appearing for the respondents, on instructions, submitted that the proposed event will create law and order problem in the locality and it will cause huge inconvenience to the general public. However, the respondents have no serious objections to convene such a symposium, with the following instructions/conditions, to maintain law and order and to avoid any untoward incident, which read as follows:
(1) Permission is granted to organize the symposium for 3 days only. As the venue is located nearby school and due to heavy traffic congestion in the area, the organizing of symposium above 3 days would cause hindrance to free flow of traffic.
(2) The symposium to be held between 09.00 hours to 17.00 hours on the dates mentioned by the police.
(3) The organizers should adhere to the timings as per the permission.
(4) The organizers should only hold symposium and the organizers should not deviate by indulging in agitations, viz., fast, dharna or demonstration at the venue of the symposium, which is strictly prohibited in a private land.
(5) The organizers should not fix public address system outside the venue of the symposium held.
(6) The organizers should ensure that the public address system fixed inside the venue should not exceed the prescribed decibel and the sound should not cause any disturbance to the nearby residences.
(7) The organizers should ensure that public peace safety should not be disturbed and the symposium should not create any nuisance to the public.
(8) The organizers should submit the list of vehicles of the participants to the police for the advance and should provide sufficient space for parking of vehicles of the participants, dignitaries as per the rules.
(9) The organizers should ensure that the symposium should not cause hindrance to the free flow traffic/ general public.
(10) The organizers should ensure that cone type speakers should not be used in the symposium.
(11) The organizers should ensure that offensive, anti-social slogans, hurting religious sentiments and against any individuals or politicians and abusive language should be used by the speakers at the symposium.
(12) The organizers should ensure that the place of venue allotted to hold symposium should not be moved to others places without the knowledge of the police.
(13) The organizers should ensure that immediately after the conclusion of the symposium all the materials used for erecting of stage, electrical/ electronic items should be removed immediately, otherwise it would be removed at the organizers cost.
(14) The organizers should ensure that movement of media vehicles/media persons should be provided space inside the venue of the symposium.
(15) The organizers should strictly provide identity cards to the participants /dignitaries/ media persons to ensure that identity in case of alleged violence during the symposium.
(16) The organizers should ensure that the symposium should be restricted to the event for which the permission was sought and no other unauthorized events should be conducted.
(17) The organizers should strictly ensure that anti-social elements should not be allowed entry into the venue of the symposium.
(18) The organizers should obtain no objection certificate from the Fire and Rescue Service Department should be obtained.
(19) The organizers should obtain podium structural stability and electrical fitness certificates from the PWD.
(20) The organizers should not violate the condition and should abide by the instructions of local jurisdiction police officer.
(21) The organizers should strictly follow the guidelines provided to the police without any deviation any such deviation by the organizers would be dealt in accordance with law.
(22) Any other conditions stipulated by the local police should be strictly adhered to.
(23) In case of failure to abide by any of the above conditions stipulated, it will lead to contempt of court.
5. Learned counsel for the petitioner has no serious objection with regard to clause nos.(1) to (23), except clause no.(19), as stated above.
6. Considering the facts and circumstances of the case and also taking note of the undertaking given by the learned counsel for the petitioner that the petitioner's 'Uzhave Thalai' is prepared to convene a symposium event in the alternate site only with an intention to educate the farmers with respect to the agrarian issues and to find out the viable ways to solve the problems faced by them, through experts in various fields peacefully, this Court is inclined to grant permission for the said symposium. Accordingly, permission is granted to convene the proposed symposium at Pandeshwaram Village, Ambattur Taluk for five days commencing from 05.04.2017 to 09.04.2017 between 09.00am to 05.00pm, however, subject to the conditions, except sl.no.19, as stated by the Assistant Commissioner Police, Pattabiram Range, Chennai in his counter affidavit dated 03.04.2017. It is made clear that the respondents are at liberty to stall the symposium event forthwith, if there is any violation of the conditions as imposed by the respondents.
7. The writ petition is disposed of accordingly. No costs.
Consequently, connected Miscellaneous Petition is closed.
03.04.2017 Index:Yes/No rk NOTE : ISSUE ON 04.04.2017 To
1. The Secretary, Home Department, Fort St. George, Chennai – 60 009.
2. The Commissioner of Police, The Greater of Chennai, Vepery, Chennai – 600 007.
3. The Assistant Commissioner of Police, Pattabiram Range, Chennai – 72.
R.MAHADEVAN, J rk W.P.No.7877 of 2017 DATED: 03.04.2017 http://www.judis.nic.in