The present writ petition has been filed since the fourth respondent had rejected the petitioner's request for conducting a meeting on 27.11.2017 to celebrate the Martyrs Day, which they have been celebrateing for the past 10 years in the peaceful manner.
2. Today, when the matter was called, the learned Government Advocate has produced a copy of the order of rejection, on the ground that the place for which the petitioner seeks permission is a congested place and there could be law and order problem.
3. It is needless to point out that whenever the permission has been sought for and the respondents apprehend that there could be a law and order problem, it is the duty of the respondents to prevent such a situation rather than rejecting the petitioner's request, since the right of the petitioner to conduct such a meeting is a fundamental right. No doubt, it is always open to the police to regulate such a meeting by imposing reasonable restrictions. Though, I am of the view that the respondents could be directed to grant permission for conducting the meeting, it would not be appropriate for the petitioner to insist on the same place where the fourth respondent feels that it is congested and might create disturbance to the general public.
4. At this juncture, the learned counsel for the petitioner submits that if the permission is granted at Avadi Anna Statue, near Avadi Railway Station, they would be satisfied. The learned Government Advocate also on instruction from the Inspector of Police, who is present before this Court, submitted that such place can be considered.
5. In the result, the writ petition stands allowed. The fourth respondent is directed to grant permission to the petitioner to celebrate Martyr's Day at Avadi Anna Statue, near Avadi Railway Station on 27.11.2017 from 5.30 p.m., to 6.30 p.m. It is open to the fourth respondent to impose reasonable restrictions while granting such permission. No costs.
24.11.2017 Index:Yes/No Internet: Yes/No Note : Issue order copy on 24.11.2017 rts M.S.RAMESH.J., rts To
1. The Greater Chennai City Commissioner of Police, Veppery, Chennai 600 007.
2. The Assistant Commissioner of Police (Law & Order) Avadi Range, Chennai 600 055.
3. The Deputy Commissioner of Police (Law & Order), Ambathur District, Chennai 600 054.
4. The Inspector of Police (Law & Order), Avadi, Chennai 600 054.
5. The Public Prosecutor, High Court, Madras.
W.P.No.30161 of 2017 24.11.2017