Madras High Court
G.Pavendhan vs The State Rep.By Its on 1 February, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P No.33149 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.33149 of 2023
G.Pavendhan Petitioner
vs.
The State rep.by its
1. The Commissioner of Police,
Office of the Commissioner of Police,
Veppery, Chennai 600 007.
2.The Joint Commissioner of Police, (Chennai North)
Office of the Joint Commissioner of Police,
Rajaji Salai, Parrys, George Town,
Chennai 600 001.
3.The Joint Commissioner of Police, (Chennai South)
Office of the Joint Commissioner of Police,
Police Office Street, St Binny Road, St. Thomas Mount,
Chennai 600 016.
4.The Inspector of Police
B-2, Esplanade Police Station,
Chennai 600 108.
5.The Deputy Commissioner of Police,
DCP Office, Wallajah Road,
Triplicane, Chennai 600 005. ..Respondents
th
(5 respondent is suo motu impleaded
vide order dated 01.02.2024)
https://www.mhc.tn.gov.in/judis
1
W.P No.33149 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for the
issue of writ of Mandamus directing the respondents to consider the
representation dated 28.10.2023 and the reminder dated 04.11.2023 in
accordance with law by permitting the petitioner to hold hall meeting on
08.12.2023 at YMCA hall, NSC Bose Road, Chennai 600 001.
For Petitioner : Mr.R.Sankarasubbu
For R1 to R3 : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to grant permission and police protection for the meeting to be held on 09.02.2024.
2. The Deputy Commissioner of Police, Triplicane, is suo motu impleaded as 5th respondent in this writ petition. Mr.A.Damodaran, learned Additional Public Prosecutor takes notice on behalf of the impleaded 4th respondent.
3. When the matter came up for hearing on 04.01.2024, this Court passed the following order:
''A status order has been filed by the 4th respondent and a copy of the same has also been furnished to the learned counsel for the petitioner. On going through the same, it is https://www.mhc.tn.gov.in/judis 2 W.P No.33149 of 2023 seen that the 4th respondent apprehends that in the guise of conducting meeting, slogans will be raised by hailing LTTE. The petitioner is directed to file an additional affidavit by giving the date on which the proposed meeting is going to be held, the list of speakers and also the subject / issue that is going to be addressed by the speakers and the number of expected participants. On considering the same, final orders will be passed in this writ petition.''
4. Pursuant to the above order, the matter was posted on a couple of occasions and ultimately, an affidavit was filed by the petitioner on 31.01.2024 by giving the venue where the meeting is going to be held, the speakers who are going to address the gathering and the issues that are going to be addressed in the meeting. For proper appreciation, the relevant portions are extracted hereunder:
''6. I state that whenever I take steps to organize the said meeting, the respondent Police every time call the owners of the concerned Hall and threaten them with dire consequences, and till now three places have been changed such as Chandrasekar Thirumana Mandapam, West Mambalam, YMCA Hall, Parrys Corner and 'MEET' Hall, Royapettah and at last we have booked the Hall at Madras Reporters Guild, Chepauk, Chennai.
7. I state that we, the organizers of the meeting have decided now to conduct the seminar at Madras Reporters Guild located at Chepauk, Chennai on 09.02.2024, Friday at 4 pm in https://www.mhc.tn.gov.in/judis 3 W.P No.33149 of 2023 the evening and the meeting will be presided over by me, the petitioner herein, and the speakers of the event are as follows: 1) Dr.S.Suresh, Advocate and General Secretary of Peoples Union for Civil Liberties; 2) Mr.Gopi Nainar, Film Maker; 3)Professor Mrs.Saraswathi, Senate Member of the Transnational Government of Tamil Eelam; 4))Mr.S.S.Balaji, Member of the Legislative Assembly of Tamil Nadu; 5) Mr.V.Thaniyarasu, Former Member of the Legislative Assembly of Tamil Nadu; 6) Mr.R.Sankarasubbu, Advocate, High Court of Madras; 7) Mr.D.M.Johnson, Advocate and Coordinator of the Tamil Lawyers' Council; 8) Mr.Senthil, Tamil Desa Makkal Munnani. The welcome address will be delivered by Mr.Thamiliniyan, Member of the Transnational Government of Tamil Eelam and vote of thanks will be delivered by Mr.Mukesh Thangavelu, Minister of the Transnational Government of Tamil Eelam.
8. I state that the event is expected to be attended by intellectuals, human rights activists, research scholars, lawyers and law students to the count of hundred.
9. I state that the object of the meeting is to highlight the plight of the plantation labourers for over 200 years since the British Colonial Rule and discuss the intellectual resources on the topic. Therefore, it can be well assured that there will not be any sort of law and order issue or traffic jam.''
5. Heard the learned counsel for the petitioner and the learned Additional https://www.mhc.tn.gov.in/judis 4 W.P No.33149 of 2023 Public Prosecutor appearing for the respondents.
6. The meeting is going to be held in an enclosed place and in the affidavit, the names of speakers and also the issue that is going to be addressed has been spelt out. If the petitioner sticks on to this undertaking given before this Court, there must be no reason to stop the petitioner from going ahead with the meeting.
7. In view of the above, there shall be a direction to the impleaded 5 th respondent to grant permission and police protection for the meeting to be held at Madras Reporters Guild, on 09.02.2024. It is made clear that the organizers will stick on to the agenda as undertaken in the affidavit and this Court expects that the undertaking will not be violated. This confidence is based on the names of the speakers provided in the affidavit who are intellectuals, human rights activists, resource scholars, lawyers, etc.,. To ensure that the meeting is conducted in a peaceful manner and completed without giving rise to any law and order problem, this Court wants to post this Writ Petition for reporting compliance after completion of the meeting.
8. This Writ Petition is disposed of in the above terms. No costs. Post this https://www.mhc.tn.gov.in/judis 5 W.P No.33149 of 2023 case under the caption ''For Reporting Compliance'' on 12.02.2024.
01.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation case : Yes sk Note: Issue order copy on 02.02.2024.
To
1. The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai 600 007.
2.The Joint Commissioner of Police, (Chennai North) Office of the Joint Commissioner of Police, Rajaji Salai, Parrys, George Town, Chennai 600 001.
3.The Joint Commissioner of Police, (Chennai South) Office of the Joint Commissioner of Police, Police Office Street, St Binny Road, St. Thomas Mount, Chennai 600 016.
4.The Inspector of Police B-2, Esplanade Police Station, Chennai 600 108.
5.The Deputy Commissioner of Police, DCP Office, Wallajah Road, Triplicane, Chennai 600 005.
https://www.mhc.tn.gov.in/judis 6 W.P No.33149 of 2023 N. ANAND VENKATESH, J.
sk W.P No.33149 of 2023 01.02.2024 https://www.mhc.tn.gov.in/judis 7