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The District Secretary of Kongunadu Makkal Desia Katchi has filed this writ petition, seeking to quash the order of the 2nd respondent passed in Na.Ka.No.162/Ka/Thu/Ka/Mugaam dated 15.11.2013 as arbitrary, illegal and unconstitutional with a consequential direction to the respondents to grant permission to the petitioner to conduct two wheeler rally from Kalipatti to Paramthi Velur on 24.11.2013 and to hold a public meeting near Paramathi Velur Old Bus Stand around 6.00 p.m. On 24.11.2013.

2. According to the petitioner, he is the District Secretary of Kongunadu Makkal Desia Katchi, a political party registered with the Election Commission of India under 29-A of the Representation of People Act and his party also conducted various meetings, rallies, demonstrations etc., to achieve its objects. The members of the party, being respectable citizens of India, never caused any kind of disturbance or nuisance to the public peace and the meetings, rallies and demonstrations are being conducted by the party at various places of the State in a peaceful manner by adhering to the permission granted by the authorities concerned.

2a. It is submitted by the petitioner that his party, with a view to bring the attention of the Government of Tamil Nadu to implement Ponni and Thirumani Mutharu Project, decided to conduct a two wheeler rally on 24.11.2013, starting from Mettur, Salem District to Paramathi Velur through Thiruchengode and to conduct a public meeting at 6.00 p.m. near Paramathi Velur Old Bus Stand. The importance of the project is to divert excess water from Cauvery to Ponni river and Thirumani Mutharu, which will be beneficial to the Agriculturist on the both sides of the rivers, since the excess water gets confluence into Bay of Bengal. Even though the said project has been proposed long back, the same has not been taken up for implementation and by implementing the project, the excess flow of water from river Cauvery cannot only be used for development of the State, but also prevent wastage of water. When the State is fighting to get its share of water from the State of Karnataka for the benefit of the Agriculturist of Tamil Nadu, the excess water from river Cauvery confluence in Bay of Bengal is getting wasted.

2b. It is further submitted that for bringing to the attention of the State with regard to the importance of the said project, Kongunadu Makkal Desia Katchi proposed to conduct the said rally and public meeting on 24.11.2013 and in this regard, the petitioner also made a representation on 08.11.2013 to the 2nd respondent to accord permission for the rally from Kalipatti to Paramathi Velur and also for a meeting near Velur Old Bus Stand. Arrangements were also made by publishing news to the general public from Mettur, Salem District to Paramathi Velur, requesting them to participate in the two wheeler rally as also in the public meeting.

"8. It is further submitted that though the regulatory order passed u/s 30 (2) of the Police Act, 1861, is in force, the petitioner's party organized the public meeting on 20.11.2013 at Chinnakkarasapalayam village likes within Paramathi P.S. Limits without getting prior permission from the competent authority and hence on the complaint filed by Tmt. Vanitha, WSI of Police, Paramathi P.S. The case in Paramathi P.S. Crime No.449/2013 u/s 143 & 188 IPC was registered on 20.11.2013 and teh same is under investigation. Further, on that occasion during the melee developed between the petitioner's party cadres and the rival group, the former assaulted the rival party cadres and as the result 5 of them had sustained injuries and undergone medical treatment as in-patients at GH, Namakkal. In this connection, on the strength of the statement given by one Thiru Tamilarasan, the case in Paramathi P.S. Crime Number 450/2013 u/s 147, 148, 294(b), 323, 324 & 506(ii) was registered on 21.11.2013 and the same is also under investigation. As such it is evident that if permission is granted for conducting rally, and the subsequent public meeting as proposed by the petitioner's party, then the disturbance of the public tranquility cannot be ruled out,