MRS. JUSTICE N. MALA AND THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN W.P. No.17422 of 2025 and W.M.P. Nos.19755 and 19757 of 2025 Muthukumar J. …. Petitioner vs. The Principal Secretary, The State of Tamil Nadu, Department of Home,

by Sekar Reporter · May 9, 2025

Skip to content

sekarreporter.com 9445430817

Mhc order

THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N. MALA

AND

THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN

W.P. No.17422 of 2025 and

W.M.P. Nos.19755 and 19757 of 2025

Muthukumar J. …. Petitioner

vs.

The Principal Secretary,

The State of Tamil Nadu,

Department of Home,

Secretariat,

Fort. St. George, Chennai – 600 009.

The District Collector,Chengalpattu District, Chengalpattu.
The Superintendent of Police,Collectorate Campus, Chengalpattu.
The Pattali Makkal Katchi,

Rep. by its Founder / President

Dr. S. Ramadoss,

No.63, Nattumuthu Naicken Street,

Teynampet,

Chennai – 600 118. …. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the 1^st, 2^nd and 3^rdrespondent from granting any permission to the 4^th respondent to conduct any meeting / rally / protest of whatsoever in nature on 12.05.2025 at Mahabalipuram.

For Petitioner : Mr. R. Abdul Mubeen

For Respondents : Mr.J. Ravindran

Addl. Advocate General

Assisted by

Mr.A. Damodaran

Addl. Public Prosecutor and Mr.S. Balaji,

Govt. Advocate (Crl. Side) for R3

Mr. K. Balu for R4

ORDER

[Order of the Court was made by Mrs.N. Mala, J.]

This writ petition has been filed to forbear the 1^st, 2^nd and 3^rdrespondents from granting any permission to the 4^th respondent to conduct any meeting / rally / protest of whatsoever in nature on

12.05.2025 at Mahabalipuram.

This petition is filed as Public Interest Litigation.
It is averred in the affidavit that a political meeting in the name of “Chithirai Muzhu Nilavu Peruvizha Conference’ is proposed to be conducted by the 4^th respondent on 12.05.2025 at Mahabalipuram. It is the apprehension of the petitioner that in the said meeting, there will be a demand / implementation of caste-based reservations and as the said meeting coincides with Chitra-Pournami festival, there may be some disturbance to public order. According to the petitioner a large number of people will gather during the observance of Chitra-Pournami and it is expected that approximately around fifteen lakh devotees/public will gather at the said place, which is a famous and Heritage site of Group of Monuments / sea shore place. It is the contention of the petitioner that the earlier conferences of the 4^th respondent, resulted in large-scale violence, property destruction, loss of life as well as disruption of public services across several districts and therefore there is every possibility that the proposed meeting, scheduled to be held on 12.05.2025 will also cause disturbance to public safety and religious harmony. In the interest of general public, the petitioner submitted a representation, dated 29.04.2025, before the respondents 1 to 3 seeking to restrain the 4^th respondent from conducting the proposed political meeting. However, despite the petitioner’s representation, it came to his

knowledge that the official respondents accorded permission to the 4^threspondent to conduct the meeting at Mahabalipuram on 12.05.2025. Under such circumstances, the petitioner has rushed and knocked the doors of this Court by filing this petition with the aforesaid prayer.

Learned counsel for the petitioner submitted that the permission accorded to the 4^th respondent to conduct the aforesaid political meeting may result in serious breach of peace and severe communal disharmony in the State. He further submitted that the 4^th respondent opted for Mahabalipuram for the meeting on 12.05.2025 that too on Chitra Pournami festival, where public would be gathering in large numbers and hence there is a possibility of law and order problem also. Hence, the counsel strongly opposed the meeting on 12.05.2025 as he apprehended that the interest of public would be affected. The learned counsel drew the attention of the Court to various news paper clippings of earlier conferences, filed in the typed-set of papers to substantiate his contention that the 4^th respondent had an history of incidents. On that score, he prays for issuance of appropriate directions to restrain the 4^th respondent from conducting the said political meeting at the said place viz., Mahabalipuram.
Per contra, learned Additional Advocate General appearing for the 3^rd respondent submitted that the petitioner is under misconception that the proposed meeting / conference of the 4^th respondent is scheduled to be held on 11.05.2025. Further, the learned Additional Advocate General submitted that the prayer in the writ petition has now become infructuous as permission was accorded by the authorities concerned to conduct meeting, vide Proceedings dated 05.05.2025 of the office of the 3^rd respondent. The learned Additional Advocate General further submitted that while granting permission vide Proceedings, dated 05.05.2025, 42 conditions were imposed for the smooth conduct of the meeting, and that the official respondents would strictly ensure the compliance of the said conditions by the 4^th respondent. The learned Additional Advocate General prayed that further directions, in addition to that imposed by the office of the 3^rd respondent may be issued for smooth conduct of the meeting.
The learned counsel for the 4^th respondent, on instructions submitted that the 4^th respondent will comply with all the conditions stipulated in the Proceedings, dated 05.05.2025. He also submitted that the venue of the said meeting is 18 kilometres away from

Mahabalipuram and the apprehension of the petitioner is unwarranted. Further, he submitted that the 4^th respondent will also abide by the conditions, if any, imposed by this Court for conducting such meeting at the said place on 11.05.2025. Therefore, he prays for issuance of necessary permission to conduct meeting.

We have heard the submissions made by the learned counsel on either side and we have carefully perused the materials placed before this Court.
On a perusal of records, it is seen that there is a history of incidents with respect to the meetings conducted by the 4th respondent. Therefore, the petitioner is fairly justified in expressing his apprehensions on conduct of the meeting on Chitra Pournami day. Howeve, it is not in dispute that permission has already been accorded

vide Proceedings, dated 05.05.2025, to conduct the meeting by the 4^threspondent on 11.05.2025 from 04.00 p.m. to 10.00 p.m. Further, it is noted that several conditions have been imposed, including the condition that the participants shall use access / entry via GST Road (NH-45) only and not ECR. It is therefore clear that the authorities concerned have exercised caution regarding the entry and movement of vehicles.

Apart from the aforesaid conditions, several conditions have been imposed by the office of the 3^rd respondent in his proceedings dated 05.05.2025, while according permission to conduct the subject meeting by the 4^th respondent. The various conditions imposed are extracted hereunder :-

In the light of the aforesaid 42 conditions imposed on the 4^th

respondent, vide Proceedings, dated 05.05.2025 by the office of the 3^rdrespondent, it is clear that adequate steps have been taken by the respondents 1 to 3 for the smooth conduct of the meeting.

This Court is also inclined to nominate the Inspector General of Police (IG-North) to monitor the meeting of the 4^th respondent, scheduled to be held on 11.05.2025 as well as the festival “Chitra pournami festival at the said place.
This Court in addition to the aforesaid conditions referred supra, to avoid any untoward incidents, during the said meeting, imposes the further conditions in the interest of safety of the public as follows:-
1. The 4^th respondent shall submit an undertaking in the form of an affidavit before the Inspector General of Police (North Zone) on 10^th May 2025 before 12.00 noon.
1. The participants in the said meeting shall not carry any arms / weapons / ammunition or wear armed forces uniform and the meeting/conference should be conducted peacefully by adhering to the instructions and conditions imposed by the police authorities.
1. The Special Officer (IG-North) shall see to it that the meeting / is conducted by scrupulously following the conditions laid down in the proceedings dated 05.05.2025 and the undertaking given by the 4^th respondent.
1. The official respondents shall ensure that the

adequate police force is provided for the said meeting.

It is the duty of the official respondents to maintain law and order and towards enforcement of the same, reasonable restrictions can be imposed by the official respondents.
- If any person indulges in violent activities or destruction of any property, be it public or private, action shall be taken against them in accordance with law.
The 4^th respondent shall give an undertaking to the Inspector General of Police (North Zone) clearly undertaking that they will abide with all the conditions imposed by the office of the 3^rd respondent, vide permission Proceedings, dated 05.05.2025 in addition to the aforesaid conditions imposed by this Court.
With the aforesaid directions, this writ petition is disposed of.

No costs. Consequently connected miscellaneous petitions are closed.

[N.M., J.] [G.A.M., J.]

08.05.2025

Note : Issue order copy on 09.05.2025.

Index: Yes/ No

Speaking order / Non speaking order Neutral citation : Yes / No vsi2

MALA, J.

AND

ARUL MURUGAN, J.

vsi2

The Principal Secretary, State of Tamil Nadu,

Department of Home,

Secretariat,

Fort. St. George, Chennai – 600 009.

The Inspector General of Police, (North Zone)
The District Collector,Chengalpattu District, Chengalpattu.
The Superintendent of Police,Collectorate Campus, Chengalpattu.

W.P. No.17422 of 2025 and W.M.P. Nos.19755 and 19757 of 2025

08.05.2025

Text Widget

This is a text widget. The Text Widget allows you to add text or HTML to your sidebar. You can use a text widget to display text, links, images, HTML, or a combination of these. Edit them in the Widget section of the Customizer.

Search for:Search