KRISHNAMURTHY Vs. SUPERINTENDENT OF POLICE, O/O THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT AND ORS.

JUDGEMENT

(1.) This writ petition has been filed to direct the second respondent to quash the proceedings issued by the first respondent in se.mu.no.260/u.ka.a (Nagarm)thoodi/18 dated 04.03.2018 and consequently direct the first and second respondents to grant permission for conducting Rally and Public Meeting on 17.03.2018 from 04.30 p.m to 10.00 p.m venue from Rajaji Park to Old Corporation Office, Thoothkudi, Thoothukudi District.

(2.) The learned counsel appearing for the petitioner has submitted that the petitioner is one of the organizers of the "People's Movement against to close the Sterlite Industry". He further submitted that the Sterlite Industries a part of London based Copper Smelter Industry located in the Thoothukudi District, is polluting ground water in and around the petitioner's area and it causes number of diseases to the people living in nearer to the said plant. He further submitted that the village people in the Thoothukudi District seeking to close the unit, but so far, no action has been taken. Hence, the petitioner's association decided to have protest in a peaceful manner and hence, the petitioner has submitted a representation to the first respondent on 26.02.2018. But the first respondent has rejected the same without assigning any valid reason and hence, the impugned order has to be set aside and consequently, respondents 1 and 2 may be directed to grant permission for the petitioner for conducting Rally and Public Meeting on 17.03.2018.

(3.) The learned Additional Government Pleader appearing for the respondents has submitted that in the representation submitted by the petitioner, he has stated that the procession will start from Rajaji Park and go upto Old Corporation Office and thereafter, they will conduct public meeting there itself. He further submitted that there is no place in the Old Corporation Office at Thoothkudi, for conducting any meeting. He further submitted that there are two groups one in favour of Sterlite Industries and another one is against the company and if permission is granted to the petitioner for conducting Rally and Public Meeting they would create law and order problem. He further submitted that already five cases have been registered, in respect of protests made by so many groups. He further submitted that at the time of protest the old people and children are being used as shield and hence, the police is not able to control them. He further submitted that already prohibition order has been issued under section 30(2) of the Police Act, 1861 and hence he strongly opposed this petition.