Kerala High Court
Adv.Thushar Nirmal vs The District Collector on 22 October, 2024
2024:KER:78398
WP(C).NO.36289/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36289 OF 2024
PETITIONER:
ADV.THUSHAR NIRMAL, AGED 45 YEARS,
1/596E, RITHU, MALEKAD, ATHIRTHI ROAD, MANAKKUNNAM,
ERNAKULAM, KERALA, PIN - 682307.
BY ADVS. M/S.P.CHANDRASEKHAR, ANOOP KRISHNA,
C.RAMAN, ANAND SANKAR, REGIMOL M.K., PRATHEEKSHA RAJ &
JENNY THANKAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN -
682030.
2 THE STATION HOUSE OFFICER,
MATTANCHERRY SUB DIVISIONAL OFFICE OF POLICE,
MATTANCHERRY, KOCHI, PIN - 682002.
SMT.PREETHA.K.K.- SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78398
WP(C).NO.36289/2024
2
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 36289 of 2024
=====================================
Dated this the 22nd day of October, 2024
JUDGMENT
The petitioner challenges Exts. P5 and P6, by which the permission
sought for the use of a loudspeaker for a protest meeting proposed on the
1st and 2nd of November 2024, at Thoppumpady was refused. The petitioner
points out that the protest was against the unbearable calamities faced by
the petitioner due to sea waves, alleging lack of action on the part of the
authorities concerned.
2. No reason whatsoever is stated for refusing the permission sought
for. Nothing has been brought to my notice which prevents the applications
preferred by the petitioner from being considered favourably. Nothing on
record suggests any plausible reason to curtail the right of the petitioner to
carry on a peaceful agitation. Under such circumstances, the impugned
orders are quashed. There will be a direction to the 2nd respondent to grant
permission on the basis of the applications made by the petitioner. It is
2024:KER:78398
made clear that the meeting proposed as per Ext.P7 shall not lead to any law
and order situation or cause disturbance to the public in any manner.
Orders shall be passed by the Station House Officer within three days from
today.
The Writ Petition is allowed as above.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
2024:KER:78398
APPENDIX OF WP(C).NO.36289/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LICENSE DATED 18-05-2024
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE MIKE SANCTION REQUEST
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT P3 A TRUE COPY OF REQUEST DATED 07-10-2024
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT FOR CONDUCTING HUNGER STRIKE ON
01-11-2024
EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 07-10-
2024 SUBMITTED BY THE PETITIONER FOR MIKE
SANCTION FOR CONDUCT OF HUNGER STRIKE 02-11-
EXHIBIT P5 A TRUE COPY OF THE REJECTION NOTICE DATED 12-
10-2024 FOR MIKE SANCTION FOR THE PROGRAM ON
01-11-2024 OF CHELLANAM-KOCHI JANAKEEYA VEDHI
EXHIBIT P6 A TRUE COPY OF THE REJECTION NOTICE DATED 13-
10-2024 OF THE 2ND RESPONDENT FOR MIKE
SANCTION FOR THE PROGRAM ON 02-11-2024 OF
CHELLANAM-KOCHI JANAKEEYA VEDHI
EXHIBIT P7 A TRUE COPY OF THE PUBLIC NOTICE IN RESPECT
OF THE PROGRAM PROPOSED TO BE CONDUCTED BY
CHELLANAM-KOCHI JANAKEEYA VEDHI ON 01-11-2024
AND 02-11-2024 AT THOPPUMPPADY
