SHARADHA SHANKAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has applied for permission to hold a day-long fast on 20th February, 2011 in front of the police booth of Elliots Beach to show their concern about the Coastal Regulation Zone Notification 2011 and to raise awareness about the proposed elevated expressway connecting Nochikuppam to ECR near Kottivakkam and highlight the benefit and problems of the project. THE proposed fast was between 9.00 a.m. and 5.00 p.m. That proposal came to be rejected under the impugned order by the respondent Commissioner of Police dated 02.02.2011 stating that the venue is not an approved venue for holding fast. However, the impugned order states that she may be permitted to hold a day long fast in an approved venue, for which, she has to apply afresh.

(2.) IN the counter affidavit filed by the respondent, it is stated that apart from any other things, the place which has been chosen by the petitioner as a venue for public gathering may not only litter the place and may be injurious to health. It is also stated that as per the Madras City Police Act, 1888, by virtue of the powers conferred under the said Act, Notification has been issued notifying certain areas for conducting meeting in the Beach and inasmuch as the present place which has been asked for by the petitioner is not a notified place, the petitioner has no right to claim by virtue of the rights conferred under Article 19 of the Constitution of INdia.

(3.) I have considered the rival submissions of the learned counsel appearing for the petitioner as well as the learned Additional Advocate General appearing for the respondent.