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Madras High Court

M.Poolpandi vs The Superintendent Of Police on 19 April, 2023

Author: G.Ilangovan

Bench: G.Ilangovan

                                                              1

                                   BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Dated: 19/04/2023

                                                         CORAM:

                                        THE HON'BLE MR JUSTICE G.ILANGOVAN

                                                WP(MD)No.8509 of 2023

                     M.Poolpandi,
                     Hindu Mukkulathor Protection Trust,
                     Reg. No.06/2020,
                     3/65, South Street,
                     Nanalkadu,
                     Vallanad,
                     Srivaikundram Taluk,
                     Tuticorin District-628 252          : Petitioner

                                                             Vs.

                     1.The Superintendent of Police,
                       Tuticorin.

                     2.The Deputy Superintendent of Police,
                       Tuticorin.

                     3.The Inspector of Police,
                       Kayaathaar Police Station,
                       Kayathaar, Tuticorin.                          : Respondents


                                  Prayer: Writ Petition has been filed under Article
                     226 of the Constitution of India, to issue a Writ of
                     Certiorarified Mandamus, to call for the record of the
                     impugned         order    passed   by   the    3rd   respondent   in   C.No.
                     8/2022/Forecast/D6PS/2023,              dated 19-02-2023     as illegal,
                     and not in accordance with law and consequently, direct
                     the 3rd respondent to grant permission for conducting the
                     Public Meeting regarding the education, employment and
                     development          of    Mukkulathor        Youths   and   Students     at



https://www.mhc.tn.gov.in/judis
                                                                   2

                     Tirunelveli-Madurai National Highways Four Way Road, West
                     side         of    Salaipudur        Tool    Gate    in    land     compromised       in
                     Survey Nos.547/4B1, 547/4B2, 547/B3, 547/6N1, 547/7A1 and
                     pass such further and other orders.


                                  For Petitioner                   :    Mr.J.Arun Prakash

                                  For     Respondents              : Mr.B.Nambiselvan
                                                                   Additional Public Prosecutor


                                                                 O R D E R

Seeking a direction to the 3rd respondent to grant permission for conducting public meeting in the place near West Side of Kayathaar Toll Gate, in the land compromised in Survey Nos.547/4B1, 547/4B2, 547/B3, 547/6N1, 547/7A1. A representation has been made on 19/02/2023.

2.Heard both sides.

3.The learned Additional Public Prosecutor would submit that the proposed place, where the above said meeting is going to be conducted even though belongs to a private person nearby the Kayathaar Toll Gate. Large number of persons gathering is anticipated. They may block the road, causing nuisance and disturbance to the traffic.

https://www.mhc.tn.gov.in/judis 3

4.Per contra, the learned counsel appearing for the petitioner would submit that number of persons expected will not exceed 50. They will not cause any trouble, either to the traffic or cause nuisance or law and order problem. They are going to concentrate much upon the welfare of the community youth.

5.Let proper undertaking is given by the petitioner by restricting the number of participants in the above said meeting, and stating that they will not block the road and create nuisance to the public or create law and order problem. On the basis of the above said undertaking subject to the conditions to be imposed by the 3rd respondent, the above said representation may be considered.

6.With the above said direction, this writ petition stands disposed of. No costs.

19/04/2023 Index:Yes/No Internet:Yes/No er Note:Issue Order copy on 20/04/2023 https://www.mhc.tn.gov.in/judis 4 To,

1.The Superintendent of Police, Tuticorin.

2.The Deputy Superintendent of Police, Tuticorin.

3.The Inspector of Police, Kayaathaar Police Station, Kayathaar, Tuticorin.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis 5 G.ILANGOVAN, J er WP(MD)No.8509 of 2023 19.04.2023 https://www.mhc.tn.gov.in/judis