A ARPUTHARAJ Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) HEARD the learned counsel for the parties. This writ petition has been filed, in public interest, by one A. Arputharaj, claiming himself to be the President of Shri Gajalakshmi Colony Slum Welfare Association in order to prevent holding of public meeting in a busy thoroughfare. The allegation is that the meeting takes place quite frequently at Pulla Avenue, which is close to the Central Maidan in the city of Chennai. The same is also close to the Aminjikarai Police Station. Some photographs have been filed in the additional typed set of documents to show that chairs are placed on the public road in such a fashion as to make it very difficult for the commuters to use the said road. It is, no doubt, true that holding of a public meeting is part of the democratic right of various political parties. But exercise of such democratic right presupposes that the rights of other citizens or persons to use the public road should not be completely lost sight of.

(2.) UNDER the municipal laws of various States, all such public road and streets vest with the respective Municipal Corporations and it is the Municipal Corporation concerned which is statutorily authorized to regulate the holding of such meetings on public roads. The police authorities also have been vested with powers under various Police Acts to grant permission to hold such meetings.

(3.) THEREFORE, on a conjoint reading of Section 41 of the Madras City Police Act, 1888 and Section 226 of the Chennai City Municipal Corporation Act, 1919, it appears that it is for the Commissioner of Police and the Commissioner of the Corporation of Chennai to give permission regulating the use of public roads and streets even temporarily for the purpose of holding meetings. This Court has no doubt that both these statutory authorities, being highly placed authorities, will exercise their discretion in a reasonable manner.