Madras High Court
N.Visu vs The District Collector on 12 August, 2022
W.P(MD)No.17916 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.P(MD)No.17916 of 2022
N.Visu ...Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Superintendent of Police,
Kanyakumari District,
Nagercoil. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus to direct the first
respondent herein to give permission to the petitioner to conduct
Two-Wheeler National Flag Rally on 15.08.2022 at about 2.00 p.m. from
Kaliyakkavilai to Vivekananda Kendram, Kanyakumari as a part of
celebration of Amrit Mahotsav by considering the petitioner's
representation, dated 02.08.2022.
For Petitioner : Mr.P.Sivachandran
For Respondents : Mr.Veerakathiravan
Addl. Advocate General
assisted by
Mr.M.Sakthikumar
Government Advocate (crl.side)
1/11
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W.P(MD)No.17916 of 2022
ORDER
This writ petitioner filed this Writ Petition seeking for issuance of
a Writ of Mandamus to direct the first respondent herein to give
permission to the petitioner to conduct Two-Wheeler National Flag Rally
on 15.08.2022 at about 2.00 p.m. from Kaliyakkavilai to Vivekananda
Kendram, Kanyakumari as a part of celebration of Amrit Mahotsav by
considering the petitioner's representation, dated 02.08.2022.
2.Mr.M.Sakthikumar, learned Government Advocate (Criminal
Side) 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 an organizer of Amrit Mahotsav Festival Committee,
Vivekananda Kendram, Kanyakumari. The Vivekananda Kendram works
to create the awareness for the need of organized work for regeneration
of nation. In order to celebrate 75th years of Independence Day, the
petitioner organization is decided to conduct several activities for the
college students in order to develop National Consciousness. In
pursuance of the 75th Year Independence Day, the Amrit Mahotsav
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W.P(MD)No.17916 of 2022
committee decided to conduct a Two Wheeler Nation Flag Rally on
15.08.2022 at about 2.00 p.m from Kaliyakkavilai to Vivekananda
Kendram, Kanyakumari through college students and proposed to take
rally with 100 volunteer college students and closing ceremony will be
conducted at Sunrise Point, Vivekananda Kendram. Hence, they are
seeking permission by giving representation dated 02.08.2022 to the
respondents. Since the first respondent is not inclined to give permission
to conduct rally, the petitioner is filed this petition seeking the above said
relief.
4.The learned Additional Advocate General appearing for the
respondent police by filing a counter submitted that the rally is covered
approximately 54 kilometers. When 100 two wheelers were permitted,
there will be 500 members would participate. It would cause huge
inconvenience to the 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. It is a main way to connect Thiruvandrum to
Kanyakumari National Highway road. He further submitted that the
Kanyakumari District is the one of the religious sensitive districts. After
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W.P(MD)No.17916 of 2022
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 from
Kaliyakkavilai to Vivekananda Kendram, Kanyakumari is highly
religious and communal sensitive area. He further submitted that on the
route, there are 50 Hospitals, 32 Schools, 15 Colleges, Bishop house, 36
Churches, 10 Mosques etc. Rally over 54 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.
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 :-
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W.P(MD)No.17916 of 2022
(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. On perusal of the records shows that the petitioner is an
organizer of Amrit Mahotsav Festival Committee, Vivekananda
Kendram, Kanyakumari and they are seeking permission from the
respondents by way of its representation dated 02.08.2022 for conducting
Two-Wheeler National Flag Rally on 15.08.2022 at about 2.00 p.m. from
Kaliyakkavilai to Vivekananda Kendram, Kanyakumari as a part of
celebration of Amrit Mahotsav in view of celebration of 75th
Independence Day. I have considered the counter filed by the
respondents and submissions made by the learned Additional Advocate
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W.P(MD)No.17916 of 2022
General. The main objection is that the proposed Two-Wheeler National
Flag Rally to be held on 15.08.2022 at about 2.00 p.m. from
Kaliyakkavilai to Vivekananda Kendram, Kanyakumari is covered 54
kilometers road. If 100 two-wheelers are permitted for rally,
approximately 500 members will move then and there is a possibility of
breach of public peace and law and order and also hindrance to the
movement of the traffic, since on that way there are 50 Hospitals, 32
Schools, 15 Colleges, Bishop house, 36 Churches, 10 Mosques etc. were
situated.
8. 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.
9. 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.
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W.P(MD)No.17916 of 2022
10. 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,
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.
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W.P(MD)No.17916 of 2022
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
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.”
11.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.
12. In view of the above, since the petitioner is seeking permission
to conduct two wheeler National Flag Rally on 15.08.2022 at about 2.00
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W.P(MD)No.17916 of 2022
p.m. from Kaliyakkavilai to Vivekananda Kendram, Kanyakumari as a
part of celebration of Amrit Mahotsav and the participants are all college
students and they are not belongs to any political parties, permission is
granted to the petitioner's organization to conduct two wheeler National
Flag Rally on 15.08.2022 at about 2.00 p.m from Kaliyakkavilai to
Vivekananda Kendram, Kanyakumari as a part of celebration of Amrit
Mahotsav. It is directed to the respondents to provide necessary police
protection and regulate the rally for maintaining the law and order and
convenience to the public.
13. 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
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W.P(MD)No.17916 of 2022
To
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Superintendent of Police,
Kanyakumari District,
Nagercoil.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17916 of 2022
V.SIVAGNANAM., J
vsd
W.P(MD)No.17916 of 2022
12.08.2022..
https://www.mhc.tn.gov.in/judis
