B SENTHIL KUMAR STATE SECRETARY HINDU MAKKAL KATCHI (TAMILAGAM) Vs. COMMISSIONER OF POLICE OFFICE OF COMMISSIONER OF POLICE VEPERY

JUDGEMENT

(1.) The petitioner, claiming to be the State Secretary of Hindu Makkal Katchi (Tamilagam), has filed the present writ petition challenging the order dated 28.08.2018 passed by the respondent-Commissioner of Police, Greater Chennai and for a direction to the respondent to permit the petitioner's organisation to conduct spiritual-political mobile propaganda Yathra for any four days in Chennai, for spreading spiritual and human values.

(2.) The petitioner gave an application dated 23.08.2018 seeking permission to conduct mobile van propoganda regarding spiritual and political policies as desired by his leader for the period from 01.09.2018 to 001.2019.

(3.) The petitioner was informed by the respondent that only during election time, permissions are granted for van propaganda with vehicles fitted with loudspeakers; in view of the noise pollution and in order to avoid accidents, nobody is given permission to conduct mobile van propaganda fitted with loudspeakers; if the petitioner is given any such permission, then, it will become a wrong precedent for others to claim a similar permission; further, in order to maintain law and order and public interest as well as to protect religious harmony, the petitioner's request to conduct mobile van propaganda on political religious policies from 01.09.2018 to 02.01.2019 in Chennai cannot be acceded to. Therefore, a notice dated 24.08.2018 was issued to the petitioner to appear before the respondent on 27.08.2018 either in person or through a counsel and to offer their explanation, failing which, it was informed that appropriate orders will be passed on the basis of records. This notice was purported to be issued under Section 41(4) of the T.N.City Police Act.