IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P.No. of 2025 Tamilaga Vettri Kazhagam (TVK) Represented by its Deputy General Secretary, Mr.CTR.Nirmal Kumar, M/A 43 Plot No.275, Sea Shore Town, 8th Avenue Panaiyur, ECR, Chennai – 600119 …Petitioner -Versus- The Director General of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2025
Tamilaga Vettri Kazhagam (TVK)
Represented by its Deputy General Secretary,
Mr.CTR.Nirmal Kumar, M/A 43
Plot No.275, Sea Shore Town, 8th Avenue
Panaiyur, ECR, Chennai – 600119 …Petitioner
-Versus- The Director General of Police,
Office of the Director General of Police
Mylapore, Chennai – 600004. …Respondent
AFFIDAVIT OF THE PETITIONER
I, C.T.R.Nirmal Kumar, Son of T.Raja, aged about 43 years, and having office at Plot No.275, Sea Shore Town, 8th Avenue, Panaiyur, ECR, Chennai – 600119, now temporarily residing at Madurai, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Deputy General Secretary of the Petitioner political party, Tamilaga Vettri Kazhagam (TVK), and am well acquainted with the facts and circumstances of the present case. I am competent to swear to this affidavit on behalf of the Petitioner party.
BRIEF PROFILE OF THE PETITIONER PARTY
2. The Petitioner party, Tamilaga VettriKazhagam (TVK), is a registered regional political party functioning in the State of Tamil Nadu and the Union Territory of Puducherry.
3. The core ideology of TVK is based on Secular Social Justice, which encompasses the values of secularism, social equity, inclusive representation, linguistic harmony, democratic values, and the two-language policy.
4. Since its inception, TVK has actively engaged in democratic processes and social development by upholding constitutional values, voicing public concerns, and safeguarding the rights of underprivileged and marginalized communities through peaceful and lawful means.
5. The Petitioner party has been conducting political meetings, public campaigns, and policy discussions in accordance with the democratic rights guaranteed under the Constitution of India, particularly Article 19(1)(a) and 19(1)(b).
6. I state that Tamilaga Vettri Kazhagam (TVK) was founded by our Leader Mr.Vijay, whose principles and policies have drawn lakhs of people across Tamil Nadu, particularly women, youth, and students, to join the movement. Our Party has rapidly become a strong democratic force and one of the largest political parties in the State.
7. The unprecedented growth of the Petitioner Party has provoked resistance from a dominant political family in Tamil Nadu, which, unable to accept the rise of TVK, has continuously sought to obstruct our democratic activities.
8. Consequently, our cadres often face unwarranted difficulties in securing statutory permissions from police authorities to conduct political events, despite due compliance with all legal requirements.
9. On 06.09.2025, our General Secretary, Mr. N. Anand, submitted a representation to the Commissioner of Police, Trichy, seeking permission to conduct a peaceful campaign on
13.09.2025 at police-notified venues. The said representation was not duly considered with a reasonable time. After repeated followups and remainders.
10. The Deputy Commissioner of Police, Trichy (North), by proceedings in Na.Ka.No./Ka.Thu.Aa/North/Thi.Maa/25 dated 10.09.2025, imposed arbitrary, onerous, and unreasonable conditions which virtually defeated the very purpose of holding the proposed campaign. Despite such restrictive terms, the Petitioner Party, exercising its lawful right to peaceful assembly as guaranteed under the Constitution of India, proceeded with the event. Accordingly, our Party Leader, Mr. Vijay, addressed the gathering on 13.09.2025 at Trichy, which witnessed the participation of tens of thousands of people. Significantly, the meeting concluded peacefully, with strict adherence to the conditions imposed by the Police.
11. However, notwithstanding such compliance and our demonstrated track record, the Respondent Police continue to impose discriminatory and onerous restrictions exclusively upon the Petitioner Party, while granting liberal and favourable permissions to other political parties.
12. For instance, as per proceedings
Na.Ka.No.18/Kaa.Aa.A/Poo.Ooko/2025 dated 09.09.2025, another prominent political party was permitted to conduct its political campaign subject to far less stringent conditions. A copy of the said proceedings is filed in the typed set of papers. This stark disparity underscores the discriminatory treatment meted out to the Petitioner Party.
13. The leaders of the ruling party as well as other opposition parties are conducting regular road shows, rallies, and public meetings at places of their choice without being subjected to such unreasonable conditions. In stark contrast, whenever the Petitioner Party applies for permission to conduct meetings in designated areas notified by the Police, onerous and impractical conditions are consistently imposed. Though many such conditions are incapable of strict compliance, the Petitioner Party has scrupulously endeavoured to adhere to them in order to maintain peace and discipline. It is evident that the real object behind such restrictions is to obstruct the political campaign of the Petitioner Party at the behest of the ruling dispensation.
14. The Petitioner Party has a proven record of conducting peaceful and disciplined events, including the State Conferences at Vikaravandi and Madurai, the Booth Agents’ Conference at
Coimbatore, and a Dharna at Chennai against custodial violence.
All these events were successfully conducted without any disturbance to law and order.
15. Despite such bona fides, the officials of the Police, acting under political influence, have failed to consider our genuine requisitions in a fair and impartial manner. Consequently, the Petitioner Party was constrained to make a representation on 15.09.2025 requesting the Respondent to issue necessary directions to all subordinate police officials in the State of Tamil Nadu to grant uniform permissions for conducting political campaigns, just as permissions are being extended to the ruling party.
16. Even after such representation, members and cadres of the Petitioner Party continue to face harassment and obstruction from local police officials across various districts. The Respondent has failed to issue uniform guidelines ensuring equal treatment to all political parties, thereby perpetuating arbitrary discrimination in violation of the fundamental rights guaranteed under Articles 14, 19(1)(a), and 19(1)(b) of the Constitution of India.
17. The Respondent’s failure to act on our representations and its imposition of discriminatory restrictions has caused serious disruption to our Party’s preparations, including volunteer mobilization, public outreach, and law-and-order arrangements.
18. The Petitioner Party reiterates its undertaking to comply with all reasonable conditions relating to traffic regulation, public peace, and order.
19. This amounts to a colorable exercise of power, designed to stifle the lawful political activities of the Petitioner Party, in gross violation of Articles 14, 19(1)(a), and 19(1)(b) of the Constitution.
20. The Petitioner is constrained to approach this Hon’ble Court under Article 226 of the Constitution of India on the following, among other
GROUNDS
a) Violation of Fundamental Rights: The Respondent’s arbitrary action infringes Articles 19(1)(a) & 19(1)(b).
b) Article 14 Violation: Discriminatory treatment against the Petitioner amounts to denial of equality before law.
c) Failure of Statutory Duty: Being State authorities, the Respondents are duty-bound to regulate and facilitate lawful assemblies, not obstruct them.
d) Violation of Natural Justice: Denial of permission without recorded reasons deprives the Petitioner of an opportunity to remedy objections.
e) Democratic Ethos: Political campaigning is the bedrock of participatory democracy. Its obstruction undermines constitutional democracy.
f) Legitimate Expectation: Having applied in advance and complied with requirements, the Petitioner had a legitimate expectation of permission.
g) Proportionality Doctrine: Restrictions on fundamental rights must be proportionate and justified; blanket refusals or excessive conditions are unconstitutional.
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent to forthwith instruct all subordinate police officials throughout the State of Tamil Nadu to consider and grant necessary permissions to the Petitioner Party for conducting political campaigns led by its Party Leader, Mr. Vijay, across the State of Tamil Nadu between 20.09.2025 to 20.12.2025, on the basis of the Petitioner’s political party representation dated 09.09.2025 by the consideration of the Representation of the Petitioner dated 15.09.2025 in a fair, uniform and non-discriminatory manner, within a time frame fixed by this Hon’ble Court and in accordance with law, and to pass such further or other orders as this Hon’ble Court may deem fit and proper in the interests of justice and in the facts and circumstances of the case.
Solemnly affirmed at Chennai Before Me
On this the 15th day of September
2025 and his sign in my presence
Advocate:: Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2025
Tamilaga Vettri Kazhagam (TVK)
Represented by its Deputy General Secretary,
Mr.CTR.Nirmal Kumar, M/A 43
Plot No.275, Sea Shore Town, 8th Avenue
Panaiyur, ECR, Chennai – 600119 …Petitioner
-Versus- The Director General of Police,
Office of the Director General of Police
Mylapore, Chennai – 600004. …Respondent
WRIT PETITION
The address for service of all notices and processes on thepetitioner herein is that of his counsel, M/s.S.ARIVAZHAGAN having his Office at Old No.125, NewNo.257, 4 th floor, Canara Bank Building, AngappaNaicken Street, and Chennai–600 001.
The addresses for service on the Respondents are the same asstated above.
For the reasons stated in the accompanying affidavit it is prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent to forthwith instruct all subordinate police officials throughout the State of Tamil Nadu to consider and grant necessary permissions to the Petitioner Party for conducting political campaigns led by its Party Leader, Mr. Vijay, across the State of Tamil Nadu between 20.09.2025 to 20.12.2025, on the basis of the Petitioner’s political party representation dated
09.09.2025 by the consideration of the Representation of the Petitioner dated 15.09.2025 in a fair, uniform and nondiscriminatory manner, within a time frame fixed by this Hon’ble Court and in accordance with law, and to pass such further or other orders as this Hon’ble Court may deem fit and proper in the interests of justice and in the facts and circumstances of the case. Dated at Chennai on this 15th day of September 2025
Counsel for Petitioner
