NATHI S.RAJAVEL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) 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.

(3.) The impugned order is challenged on the following grounds: i)that the impugned order is violative of Fundamental Rights regarding Freedom of Speech guaranteed under Article 19(1)(a) of the Constitution of India ii)that the 2nd respondent has arbitrarily invented and assigned various reasons to reject the petitioner's representation dated 08.11.2013 and the reasons assigned by the 2nd respondent for rejection of the request of the petitioner are unfounded; iii)that the 2nd respondent has failed to see that the petitioner's party is going to conduct the rally and public meeting as per the instructions of the respondent authorities without making any hindrance to the public. iv)that the 2nd respondent also failed to note that the object of the party to conduct such rally is to invite the attention of the Government of Tamil Nadu in implementation of the pending project for the benefit, welfare and development of the agriculturist in that area.