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[Cites 4, Cited by 0]

Madras High Court

Ananthan vs The State on 7 March, 2025

                                                                                           W.P(MD)No.6109 of 2025




                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 07.03.2025

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE P.DHANABAL

                                            W.P(MD)No.6109 of 2025

                     Ananthan                                                         ... Petitioner

                                                             Vs.

                     1.The State,
                       Represented by,
                       The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Ramanathapuram District.

                     2.The State,
                       Represented by,
                       The Deputy Superintendent of Police,
                       Office of the Deputy Superintendent of Police,
                       Paramakudi,
                       Ramanathapuram District.

                     3.The State,
                       Represented by,
                       The Inspector of Police,
                       Paramakudi Town Police Station,
                       Ramanathapuram District.




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 11/03/2025 07:28:56 pm )
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                                                                                           W.P(MD)No.6109 of 2025




                     4.The State,
                       Represented by,
                       The Inspector of Police,
                       All Women Police Station,
                       Paramakudi,
                       Ramanathapuram District.

                     5.The State,
                       Represented by,
                       The Sub-Inspector of Police,
                       Paramakudi Town Police Station,
                       Ramanathapuram District.                                        ... Respondents

                     Prayer : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorarified Mandamus,
                     calling for the records relating to the impugned order in Na.Ka.No.
                     05/fh.M.....guk.t.m/2025, dated 21.02.2025 on the file of the third
                     respondent and quash the same as illegal and consequently direct the
                     respondents 2 and 3 to grant permission to conduct demonstration with
                     the demand to take action against one Chitiraisamy for the alleged
                     offences under Sections 354C and 387 of IPC in connection with Crime
                     No.28 of 2024, dated 18.12.2024 on the file of the fourth respondent here
                     in (i.e.,) All Women Police Station, Paramakudi, Ramanathapuram
                     District on 04.03.2025 at 04.00 P.M. or any other date, venue at near to
                     Gandhi Statue, Paramakudi Ramanathapuram District respondents and to
                     pass such further or other orders as this Court.


                                        For Petitioner             : Mr.R.Ganeshprabu




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 11/03/2025 07:28:56 pm )
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                                                                                             W.P(MD)No.6109 of 2025




                                              For Respondents            : Mr.R.M.Anbunithi
                                                                           Additional Public Prosecutor


                                                               ORDER

The present writ petition has been filed to quash the order, dated 21.02.2025 passed by the third respondent and consequently direct the respondents 2 and 3 to grant permission to conduct demonstration with the demand to take action against one Chitiraisamy, who is accused for the alleged offences under Sections 354C and 387 of IPC in connection with Crime No.28 of 2024, dated 18.12.2024 on the file of the fourth respondent herein (i.e.,) All Women Police Station, Paramakudi, Ramanathapuram District on 04.03.2025 at 04.00 P.M. or any other date, venue near to Gandhi Statue, Paramakudi Ramanathapuram District.

2. The learned Counsel appearing for the petitioner would submit that the petitioner being a social activist sought for permission to conduct demonstration on 04.03.2025 at about 04.00 p.m in front of Paramakudi Gandhi Statue in respect of the assault made to a woman by the accused, but the respondent police had declined to grant permission on the ground that now the public exam going on and Section 30(2) of the City Police https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 07:28:56 pm ) 3/7 W.P(MD)No.6109 of 2025 Act also in force. The petitioner sought for permission only at 04.00 p.m and the reason stated by the third respondent is not acceptable. Therefore, the order passed by the third respondent is liable to be quashed.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner sought for permission to conduct protest on 04.03.2025 at about 04.00 pm before the Paramakudi Gandhi Statue and now the annual exams are going on and Section 30(2) of City Police Act is also in force. Therefore, delinced to grant permission. Hence, the petition is liable to be dismissed.

4. This Court had heard both sides and perused the materials available on record.

5. Since the request is only for the particular date on 04.03.2025 and the same was already lapsed, no further order is required to be passed in this case. If at all, the petitioner want to conduct demonstration in future date, he can approach the third respondent in accordance with https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 07:28:56 pm ) 4/7 W.P(MD)No.6109 of 2025 law and the third respondent may consider the representation of the petitioner in accordance with law by fixing appropriate place and imposing some conditions.

6. With the above said observations and directions, this writ petition stands disposed of. There shall be no order as to costs.





                                                                                                 07.03.2025

                     NCC                : Yes / No
                     Index              : Yes / No
                     Internet           : Yes
                     BTR

                     Note: Issue order copy on 11.03.2025.


                     To

                     1.The Superintendent of Police,

Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 07:28:56 pm ) 5/7 W.P(MD)No.6109 of 2025 Paramakudi Town Police Station, Ramanathapuram District.

4.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

5.The Sub-Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 07:28:56 pm ) 6/7 W.P(MD)No.6109 of 2025 P.DHANABAL, J.

BTR W.P(MD)No.6109 of 2025 07.03.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 07:28:56 pm ) 7/7