D SANDILYAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner in this writ petition seeks for a direction to the second respondent to permit conducting of demonstration either near Tahsildar Office or near Revenue Divisional Office at Cheyyar.

(2.) THE petitioner is a Town Organizer of Viduthalai Chiruthaikal Katchi, a registered political party. When he earlier was denied conducting demonstration by an order dated 8.2.2012, he had moved this court successfully in W.P.No.4139 of 2012. This court by an order dated 1.3.2012 had permitted demonstration to be conducted. In any event, in the present case, when the petitioner sought for conducting demonstration by a representation dated 11.3.2012 as per the direction issued by this court near the Tahsildar office or near the Revenue Divisional office, by a communication, dated 11.3.2012, the second respondent Inspector of Police, Cheyyar Police station had declined to grant permission in those two places indicated on law and order grounds. However, he was permitted to conduct demonstration on 15.3.2012 for one hour near Kanniam Nagar in Cheyyar to Kancheepuram road near Soundari THEatre. Once again, the petitioner had announced for conducting the rally for retrieving Panchami lands on 09.04.2012 starting from Mangal Koot Road to Tahsildar office, Cheyyar. It is stated by him that on previous occasions, such demonstrations were allowed near Tahsildar office. Even the other political party such as P.M.K was allowed to conduct demonstration on 4.4.2012. THErefore, denial of permission was not valid.

(3.) IT is not clear as to how the grounds raised by the respondent for refusing permission can be said to be germane to the issue on hand. The petitioner belonged to a registered political party. Both as an individual as well as political party, he is entitled to ventilate his grievance by a public demonstration, such as procession or dharna. IT is not as if the Taluk office is a place which is precluded from being the venue for conducting demonstrations.