W.P.(MD)No.31575 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No.31575 of 2024 and W.M.P.(MD)No.26436 of 2024 Soalikannan @ Kannan ... Petitioner Vs. 1.The Commissioner of Police, Madurai. 2.The Inspector of Police, Subramaniyapuram Police Station, Madurai. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 13.12.2024 and 21.12.2024 appended petitioner's application and grant permission for holding one-day fast protest at Palanganatham Roundabout, Madurai City, on 05.01.2025 between 09.00 a.m. and 05.00 p.m. by giving adequate protection. For Petitioner : Mr.V.Ramakrishnan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 ORDER The petitioner, who is the District President of Hindu Makkal Katchi in Madurai, submitted a representation to the respondent Police on 13.12.2024, seeking permission to hold a protest on 05.01.2025 from 9:00 AM to 05:00 PM at the Palanganatham Roundabout. The purpose of the protest was to highlight the difficulties faced by the Brahmin community and to advocate for their rights. Despite the submission of this request, no permission was granted. Hence, the petitioner submitted a second representation on 21.12.2024, but permission was still not granted. Therefore, the petitioner has approached this Court by way of filing the present Writ Petition. 2. The learned counsel for the petitioner submitted that the location requested for the protest is a commonly used site where protests by political parties periodically held. The petitioner, representing a social and political organization, sought the space to conduct a one-day fast and protest on 05.01.2025, from 09:00 AM to 05:00 PM. 3. The learned counsel further emphasized that the protest would 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 be peaceful, with participation from like-minded individuals, political leaders, and social activists. The protest would include speeches, with necessary arrangements for shade, shelter, and microphones to address the participants and raise public awareness about the challenges faced by the Brahmin community. 4. The learned counsel for the petitioner stated that, after the Writ Petition was filed on 24.12.2024, the authorities belatedly issued a rejection order (C.No.144/AC/Camp/MC/2024) on 26.12.2024. The rejection cited concerns over public order, referencing past incidents involving the petitioner's organization, where provocative speeches were made during protests in Coimbatore and Chennai. These incidents allegedly led to criminal cases being registered, prompting the police to fear a repeat of such situations in Madurai. Further, concerns were raised regarding potential traffic disruptions and threats to public peace. 5. The second respondent filed a counter-affidavit, stating that the location chosen by the petitioner is densely populated, with several commercial buildings and heavy traffic. It is a major thoroughfare 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 providing access to areas such as Tirupparankundram, Kalavasal Bypass, and Periyar Bus Stand. Therefore, a protest at this location could cause significant public disturbances and impede the daily movement of local residents. 6. The Additional Public Prosecutor submitted that the petitioner's organization had previously made provocative speeches during protests in Coimbatore and Chennai, which leading to filing of criminal cases in Crime Nos.513 of 2024 and 480 of 2024, respectively. The police expressed concerns that allowing the protest could lead to the incitement of hatred and unrest among the public, disturbing the peace of the locality. Therefore, the police rejected the request to prevent any negative impact on public order. 7. In reply, the learned counsel for the petitioner submitted that the past incidents should not be used as a blanket justification for rejecting the current protest. The petitioner assured that the protest would be held peacefully and that the primary objective was to raise awareness about the challenges faced by the Brahmin community. The organizers also 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 submitted an affidavit detailing the names of speakers who would participate in the protest and assured that they would maintain peace and harmony. The affidavit included clear instructions for the speakers to avoid causing any disharmony or inciting any violence. 8. The learned Additional Public Prosecutor acknowledged that, in light of the affidavit submitted by the petitioner's organization, the police would consider granting permission for the protest, subject to the imposition of reasonable conditions to ensure public order and safety. 9. Considering the above said submissions and on perusal of the affidavit and the materials, it is noted that the Constitution guarantees the fundamental right to freedom of speech and peaceful assembly, subject to reasonable restrictions imposed to maintain public order. This Court acknowledged the police's concerns about potential disruptions but emphasized that the petitioner had made an undertaking to conduct a peaceful protest. 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 10. In view of the above and the affidavit filed by the petitioner, this Court directed the respondent police to grant permission to the petitioner for the one-day fasting protest at the Palanganatham Roundabout in Madurai on 05.01.2025, between 09:00 AM and 05:00 PM, subject to reasonable conditions aimed at ensuring public order and preventing disturbances. 11. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 03.01.2025 NCC : Yes / No Index : Yes / No smn2 Note:- Issue order copy on 03.01.2025. To 1.The Commissioner of Police, Madurai. 2.The Inspector of Police, Subramaniyapuram Police Station, 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.31575 of 2024 M.NIRMAL KUMAR, J. smn2 Order made in W.P.(MD)No.31575 of 2024 Dated: 03.01.2025 8/8 https://www.mhc.tn.gov.in/judis