Madras High Court
Arappor Iyakkam Trust vs The State Of Tamil Nadu on 13 March, 2020
Equivalent citations: AIRONLINE 2020 MAD 1146
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.5893 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.5893 of 2020
Arappor Iyakkam Trust
Rep. by its Managing Trustee
Jayaram Venkatesan
140A, Rukmmini Lakshmipathy Salai,
Egmore, Chennai -600 008. ... Petitioner
Vs.
1. The State of Tamil Nadu,
Rep. by its Secretary,
Home Department,
Fort St. George,
Chennai. - 600 009.
2. The Commissioner of Police,
The Greater of Chennai,
Vepery, Chennai - 600 007. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to quash the impugned order letter
No.235/S.B.II/2020 dated 06.03.2020 of the second respondent and direct the
second respondent to permit the petitioner Arappor Iyakkam to conduct a
peaceful one-day symbolic fast and protest on 15.03.2020 from 9 am to 5 pm
at Valluvar Kottam with the use of public address system and shamiana to
highlight issues of Corruption in Tamil Nadu. (Prayer amended as per the order
of this Court vide order dated 13.03.2020 in W.M.P.No.7350 of 2020)
http://www.judis.nic.in
1/10
W.P.No.5893 of 2020
For Petitioner : Ms.Sudha Ramalingam
For Respondents : Mr.Natarajan,
State Public Prosecutor
Assisted by Mr.Mohammed Riyaz
Additional Public Prosecutor.
ORDER
This writ petition has been filed challenging the letter No.235/S.B.II/2020 dated 06.03.2020, of the second respondent and for subsequent direction to direct the second respondent to permit the petitioner to do one-day symbolic fast and protest on 15.03.2020 from 1 am., to 5 p.m., at Valluvar kottam.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a non-governmental organization registered under Indian Trust Act. The petitioner is involved in various social activities for the benefit of general public and they are concerned about improving transparency and accountability with a view to ensure that the marginalised and weaker sections are able to get quality health services. She further submitted that the petitioner is also to take the issues of corruption by public representatives and enforcing rule of law in terms of government functioning. In this regard the petitioner decided to have one day symbolic fasting protest on 15.03.2020 at Valluvar http://www.judis.nic.in 2/10 W.P.No.5893 of 2020 Kottam. In pursuant to the decision, the petitioner sought for permission and police protection to their symbolic fasting protest held on 15.03.2020. On receipt of the same the second respondent raised queries by communication dated 28.02.2020. On receipt of the same by the reply on the same date ie., on 28.02.2020, explained all the queries and categorically mentioned about if any damages caused to the public property due to the peaceful protest, the convener of the Arappor Iyakkam is responsible for the happening at the protest. Even then the second respondent did not consider the representation and simply kept the petition pending. Therefore, the petitioner filed this writ petitioner for direction directing the second respondent to permit the petitioner to conduct peaceful only day symbolic fasting protest on 15.03.2020. While pending the writ petition, the second respondent rejected the representation of the petitioner by an order dated 06.03.2020. The impugned rejection order is now challenged under this writ petition.
3. Per contra, the learned Additional Public Prosecutor filed counter and contended that the following criminal cases reported around the Chennai for having committing offences as follows :-
http://www.judis.nic.in 3/10 W.P.No.5893 of 2020 Sl. Station Cr.No. & Section and Nature of Offence No State of the Case
1. Chennai Cr.No.287/2017 U/s. Having committed offence by City CCB 153, 505(i)(b)(c) IPC/ released a Video in social media UI depicting police officers and police department in a bad manner
2. V.5 Cr.No.33/2019 Having committed an offence Thirumang U/s. 448, 294(a), tried to interrupt the sewage alam P.S. 506(i) IPC/ UI contract work carried out by the Metro Water contractor.
3. J.10 Cr.No.248/19 U/s. Having committed an offence Chemman 153, 505(i)(b), 505 trespassed into the Government chery P.S. (i)(c) IPC/ UI property and Video graphed the construction of Chemmanchery Police Station and uploaded a video in Social Media alleging that the police station is being constructed illegally.
4. K.5 Cr.No.355/19 U/s.465, Without the permission of Peravallur 468, 471 IPC r/w 7(1) Police used the Tamil Nadu P.S. & 3 & 4 of State Police Emblem and planned to Emblem of India conduct an indoor meeting.
(Prohibition of Improper Use) Act 2005/UI
5. E.1 Cr.No.3429/15 U/s. Damaged the banner at opposite Mylapore 427 IPC r/w 3 of to Sankaran Hall, TTK Road, P.S. TNPPDL Act / UI Alwarpet, Ch.
6. CCB-1 Cr.No.87/2019 U/s Adverse speech video uploaded 505(i)(b)(c) 505(2) in face book against Chennai IPC/ UI Corporation commissioner Tr.Karthikeyan IAS and State Government Officers.
http://www.judis.nic.in 4/10 W.P.No.5893 of 2020 Sl. Station Cr.No. & Section and Nature of Offence No State of the Case 7. R.3 Ashok Cr.No.396/19 U/s. Conducted awareness meeting Nagar P.S 290, 143 IPC r/w. without police permission. 41(6) CP Act / UI 8. E.4 Cr.No.1188/15 U/s. Lay siege agitation led by Aam
Abiramapu 147, 341, 353, 447, Aathmi party in front of CM ram PS 506(ii) IPC & 7(1)(a) Residence.
CLA Act/PT
9. J.13 Cr.No.319/19 u/s. 143, Trespassed into the Tharamani 341, 294(b), 560(i) Government area and try to P.S IPC/PT conduct a survey of the Kallukuttai lake at Tharamani.
10. R.11 Cr.No.1439/17 u/s. In a public meeting delivered Royala 294(b), 323 IPC/ PT adverse speech against PMK Nagar PS leader Dr.Ramadass and the local party members condemned the speakers.
11. F3 Cr.No.13/2020 u/s. Petitioner conducted protest at Numbam 143 IPC and 41(vi) CP Valluvar Kottom on 06.01.2020 bakkam Act/ UI regarding CAA without PS permission.
He further contended that the second respondent rejected the request of the petitioner only to maintain law and order issues and also to preserve public peace and public tranquilly. The second respondent also had reliable information that some miscreants are going to join in the hunger strike intending to create public law and order issue, which will lead to unwarranted situation, endangering the safety to life and property of the common people as well as the participants of the fasting. Further the petitioner also uploaded his http://www.judis.nic.in 5/10 W.P.No.5893 of 2020 speech in the face book by making grave allegations against the second respondent on the personal capacity. When the matter has been subject to the jurisdiction of this Court, this petitioner has got no right to make derogatory remarks against the police department particularly against the second respondent and also against Ministers and it constitute the offence of defamatory. There, he prayed for dismissal of this writ petition.
4. Heard Ms.Sudha Ramalingam, learned counsel appearing for the petitioner, Mr.Natarajan, learned State Public Prosecutor appearing for the respondents
5. This Court has carefully considered the submissions made on either side and also perused the materials available on record. The petitioner trust is a non-governmental organization registered under the Trust Act, which is involved in various social activities. The petitioner decided to have one day symbolic fasting protest on 15.03.2020 to highlight the issues of corruption in Tamilnadu civil supplies corporation, as such the petitioner sent a representation seeking permission and police protection for their protest to be held on 15.03.2020. On receipt of the same the second respondent by his http://www.judis.nic.in 6/10 W.P.No.5893 of 2020 communication dated 28.02.2020 raised several queries for which the petitioner also replied on the very same day. On receipt of the reply the second respondent rejected the permission and police protection sought for by the petitioner by the communication dated 06.03.2020, which is under challenge in this petition.
6. It is seen from the impugned order, the second respondent by communication dated 28.02.2020 raised some queries for which, the reply given by the petitioner is not specific and evasive. Further they mentioned about the cases pending against the petitioner and also quoted the previous untoward incident taken place while a street corner meeting held on 28.10.2017 at Valluvar Salai, near Anasamaram, Ramapuram. Further the petitioner involved so may cases and they are pending under investigation. Further the second respondent had secrete information some miscreants are going to participate in the strike intending to create public law and order issue while will leading to unwarranted situation endangering the safety to life and property of the common people. In fact, the participant of the hunger strike would be affected. Further the representation was rejected only for the reasons to maintaining law and order issue and preserve the public peace and http://www.judis.nic.in 7/10 W.P.No.5893 of 2020 tranquilly. Therefore, the second respondent rightly rejected the request of the petitioner and there is absolutely no infirmity or illegality in the order passed by the second respondent to interfere by this Court. Therefore, this writ petition devoid of merits and liable to be dismissed.
7. In view of the above discussion, this Writ Petition is dismissed. No order as to costs.
13.03.2020 Internet:Yes/No Index :Yes/No Speaking/Non speaking order Note :- Issue order copy on 16.03.2020 rts To
1. The Secretary, State of Tamil Nadu, Home Department, Fort St. George, Chennai. - 600 009.
2. The Commissioner of Police, The Greater of Chennai, Vepery, Chennai - 600 007.
3. The Public Prosecutor, High Court of Madras, Chennai.
http://www.judis.nic.in 8/10 W.P.No.5893 of 2020 G.K.ILANTHIRAIYAN, J.
rts W.P.No.5893 of 2020 13.03.2020 http://www.judis.nic.in 9/10 W.P.No.5893 of 2020 W.M.P.No.7350 of 2020 in W.P.No.5893 of 2020 G.K.ILANTHIRAIYAN, J.
This petition has been filed to amend the prayer in W.P.No. 5893 of 2020.
2. Heard both sides.
3. Considering the facts and circumstances of this case, this petition is allowed.
13.03.2020 (1/2) Note: Registry is directed to carryout the necessary amendment in the main petition.
rts http://www.judis.nic.in 10/10