Madras High Court
T.Kannan vs The District Collector on 12 August, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.P(MD)No.18401 of 2022
T.Kannan ...Petitioner
Vs.
1.The District Collector,
Kanyakumari District.
2.The Superintendent of Police,
Kanniyakumari District.
3.The Deputy Superintendent of Police,
Cholachel Sub Division,
Kanniyakumari District.
4.The Insepctor of Police,
Pudhukkadai Police Station,
Kanniyakumari District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus to
call for the records pertaining to the impugned order passed by the 2 nd
respondent in his proceedings in Na.Ka.No.
10/Ka.Thu.Ka/Ka.Ku/Cula/2022, dated 09.08.2022 and quash the same
and consequently direct the respondents to grant permission to conduct
two wheeler vehicles rally with Indian National Flag from
Koottalumoodu to Nageroil on 14.08.2022 or any other day that may be
fixed by this Court.
1/11
https://www.mhc.tn.gov.in/judis
For Petitioner : Mr.Karthikeyavenkatachalapathy
For Respondents : Mr.Veerakathiravan,
Additional Advocate General assisted by
Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
This writ petitioner filed this Writ Petition seeking for issuance of
a Writ of Mandamus to quash the impugned order passed by the 2nd
respondent in his proceedings in Na.Ka.No.
10/Ka.Thu.Ka/Ka.Ku/Cula/2022, dated 09.08.2022 and consequently, to
direct the respondents to grant permission to conduct two wheeler
vehicles rally with Indian National Flag from Koottalumoodu to Nageroil
on 14.08.2022 or any other day that may be fixed by this Court.
2.Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
takes notice for the respondents. By consent, this writ petition is taken up
for final disposal at the admission stage itself.
3.The learned counsel appearing for the petitioner submitted that
the petitioner is the District President of Bharatiya Janatha Party Youth
Wing, Kanniyakumari District. In order to celebrate the 75th
https://www.mhc.tn.gov.in/judis
Independence Day of this country, the petitioner authority have decided
to celebrate the occasion by take out a two wheeler rally with National
Flag starting from Badreswari Amman Temple campus at Koottalumoodu
to Nagercoil Anna Stadium. For that, he gave a representation on
08.08.2022 stating that they proposed to conduct a rally on 10.08.2022 at
3.00 p.m. The third respondent, by his proceedings, dated 08.08.2022,
has rejected the representation. He further submitted that the respondent
police with a mala fide intention refused to grant permission. It is their
constitutional right of over citizen of India for celebrating the
Independence Day in many forms. The petitioner has chosen to celebrate
the Independence Day Celebration by conducting two wheeler vehicle
rally with national flag. The police has to power to regularize the vehicle
rally and imposed certain conditions. But denial of permission totally is
illegal. Hence, the learned counsel sought for setting aside the impugned
order.
4.The learned Additional Advocate General appearing for the
respondent police submitted that the rally is covered approximately 40
kilometers. When 100 two wheelers were permitted, there will be 500
members would participate. It would cause huge inconvenience to the
https://www.mhc.tn.gov.in/judis
general public and there is an apprehension of possibility of breach of
public peace and law and order and it would also hindrance to the
movement of traffic and in the road, many hospitals and schools are
situated. He further submitted that the Kanyakumari District is the one
of the religious sensitive districts. After Mondaicade incident in 1982,
various restrictions with regard to religious and communal functions are
inforce. He further submitted that Justice Venugopal Committee Report
also recommended to ban religious processions in the sensitive areas. He
further submitted that routes fixed by the petitioner for the Two Wheeler
National Flag rally is highly religious and communal sensitive area. He
further submitted that on the route, there are so many Hospitals, Schools,
Colleges, Churches and Mosques etc. Rally over 40 kilometers may
create untoward incidents. Further, on August 15th Day, the entire
District Administration will be fully engaged in various activities in
conducting the Independence Day Celebration. Therefore, during the
Independence Day Celebration Two-Wheeler National Flag Rally may
not be permitted. Hence, the learned Additional Advocate General prays
for dismissal of this petition.
https://www.mhc.tn.gov.in/judis
5.In support of his arguments, the learned Additional Advocate
General relied upon the following Judgments of the Hon'ble Supreme
Court and this Court :-
(1) W.A(MD)No.798 of 2022 (The Superintendent
of Police vs. Shanthakumar),
(2) (1973) 1 Supreme Court Cases 227 (Himat
Lal.K.Shah vs. Commission of Police and
(3) (2020) 10 Supreme Court Cases 439 (Amit
Sahni (Shaheen Bagh. In Re) vs. Commissioner of Police
and others)
6. I have considered the rival submissions of the learned counsel
appearing for the petitioner and the learned Additional Advocate General
appearing for the respondent police.
7. A perusal of impugned order shows that the third respondent has
rejected the representation of the petitioner by giving the following
reasons:-
1.10.08.2022 -k; Njjp jhq;fs; ,U rf;fu
thfd Nguzp elj;j mDkjp NfhhpAs;s fUq;fy;
Kjy; ,uzpay; tiuapyhd rhiy Mq;fhq;f
gOjile;jJ fhzg;gLtjhy; me;j rhiyapy;
njhlh;r;rpahf 50 f;Fk; Nkw;gl;l ,Urf;fu
https://www.mhc.tn.gov.in/judis
thfdq;fs; njhlh;r;rpah nry;tjhy; thfd
tpgj;J Vw;gl tha;g;Gs;sJ.
2.fUq;fy; Kjy; ,uzpay; tiuapyhd
khepy neLQ;fhiyapy; ve;NeuKk; mjpf mstpy;
thfd Nghf;Ftuj;J cs;sjhy; ,U rf;fu thfd
Nguzp nry;Yk; NghJ nghJ kf;fSf;Fk;
Nghf;Ftuj;jpw;Fk; kpFe;j ,ilaW Vw;gLk;.
3.jhq;fs; ,U rf;fu thfd Nguzp elj;j
mDkjp Nfl;Fk; J}uk; Rkhh; 40 fp.kP vd;gjhy;
Nkw;gb Nguzp ghJfhg;gpw;fhf Rkhh; 150 f;Fk;
Nkw;gl;l fhtyh;fis <LgLj;j Ntz;Lk;.
mjdhy; md;iwa ehspy; fhty; Jiwapd;
jpdrhp mYty;fs; ngUkstpy; ghjpg;G Vw;gLk;.
4.mt;thW Rkhh; 40 fpkP J}u ,Urf;fu
thfd Nguzpf;F mDkjp mspf;Fk;
gl;rj;jpy; ,dp tUk; fhyq;fspy;
kw;wth;fSk; ,jid Fwpg;gpl;L mDkjp Nfhu
tha;g;Gfs; Vw;gLk; vd;gjhy; mjpf mstpy;
fhtyh;fis ghJfhg;G gzpf;F <LgLj;j Ntz;ba
#o;epiy Vw;gLk;. mjdhy; fhty; Jiwapd;
jpdrhp mYty;fs; njhlh;e;J ghjpf;fg;gLk;”.
8. So, the substance of the objection is that the road from Karungal
to Eraniel is not a good condition and there is a possibility of accident. If
the rally is permitted, public traffic will be affected and the proposed
rally distance is 40 kilometers and sufficient strength of police is not
available. I am of the view that the aforesaid reasons is not sufficient for
https://www.mhc.tn.gov.in/judis
denying the permission for celebrating the Independence Day by
conducting Two-Wheeler National Flag Rally.
9. The Apex Court, in the case of Babulal Parate v. State of
Maharashtra reported in AIR 1961 SC 884, had observed that the right
of the citizens to take out processions or to hold public meetings flows
from the right in Article 19(1)(b) to assemble peaceably and without
arms and the right to move anywhere in the territory of India.
10. Therefore, it is a right, which can be regulated in the interest of
all, so that all can enjoy the right. No doubt, the State has the power
under Section 30(2) of the Police Act, 1861, to regulate public assembly
and procession, but it must not, in the guise of regulation, be abridged, be
denied.
11. Further, the Hon'ble Division Bench of this Court in the case of
Ramasamy Udayar Vs. The District Collector and Others reported in
(2021) 2 LW 908 while considering the temple celebration and
procession of a Temple declared the following observation:-
“26.Hence, it is hereby declared,
https://www.mhc.tn.gov.in/judis
1.Once it has been declared by the authorities as
roads or streets as per Section 180-A of the District
Municipalities Act, the roads and streets which are
"secular", should be used as roads by all the people
irrespective of their religion, caste or creed.
2.Any procession including religious procession
shall be conducted through all the roads and streets
without any restriction.
3.Any procession including religious procession
cannot be prohibited or curtailed merely because
another religious group is residing or doing business in
the area predominantly.
4.There cannot be a prohibition for any
procession including religious processions through
roads by the District administration or police authorities
and there can be only regulation by the police or other
Government authorities to see that no untoward incident
occurs or any law and order problem arises.
5.Every religious group has got fundamental right
to take out religious procession through all the roads
without insulting the other religious sentiments and
without raising any slogans against other religious
groups, affecting their sentiments, public law and order.
6.Merely because there is one place of worship
belonging to other religious group, the same cannot be a
ground to decline/deny permission to conduct
https://www.mhc.tn.gov.in/judis
procession including religious procession of other
religions to go through those roads or streets.
7.The presence of religious structures/places of
worship cannot take away the right of other religious
groups who have been enjoying all the rights including
the conduct of religious procession for the past many
years.
8.The criminal cases filed against both the parties
are directed to be withdrawn.”
12.Therefore, the reasons stated for denying to grant permission to
conduct two-wheeler national flag rally by the learned Additional
Advocate General is not acceptable one.
13. In view of the above, the impugned order is set aside and
permission is granted to conduct two wheeler vehielces rally with Indian
National Flag to mark the 75th Year of Independence Day from
Koottalumoodu to Nagercoil on 14.08.2022 at 03.00 p.m. as stated by the
petitioner. It is directed to the respondents 2, 3 and 4 to provide
necessary police protection and regulate the rally for maintaining the law
and order and convenience to the public.
https://www.mhc.tn.gov.in/judis
14.With the above direction, this Writ Petition is allowed.
12.08.2022
Index : Yes / No
Internet : Yes/ No
vsd
Note: Issue Order Copy on 12.08.2022
To
1.The District Collector,
Kanyakumari District.
2.The Superintendent of Police,
Kanniyakumari District.
3.The Deputy Superintendent of Police,
Cholachel Sub Division,
Kanniyakumari District.
4.The Insepctor of Police,
Pudhukkadai Police Station,
Kanniyakumari District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
V.SIVAGNANAM., J
vsd
W.P(MD)No.18401 of 2022
12.08.2022..
https://www.mhc.tn.gov.in/judis
