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2025 DAILYLAW 86392 (MAD)

D.THENMOZHI v. THE INSPECTOR OF POLIC E(LAW AND ORDER)

WP/30607/2025 · 2025-08-13

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.30607 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.30607 of 2025 and W.M.P.No.34299 of 2025 D.Thenmozhi W/o.A.Devendran, No.17/9, Prakasam Salai, Broadway, Chennai-600 108. Petitioner Vs 1.The Inspector of Police (Law & Order) G-2, Periamet Police Station, Periamet, Chennai-600 003. 2.Uzhaippor Urimai Iyakkam, (Regn.No.3077 CNI), Rep. by its President, K.Bharathi Thozhar Koodam, 19 C Mariamman Koil Street, Kalyanapuram, Ambattur, Chennai-600 053. Respondents ______________ https://www.mhc.tn.gov.in/judis W.P.No.30607 of 2025 PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to implement the notice dated 07.08.2025 issued by the 1st respondent in terms of Section 41(6) of the Chennai City Police Act, 1888 (Tamil Nadu Act, 1888) by dispersing and clearing the agitators in the stretch of Pavement/Platform, Ripon Building, Chennai-600 003 whom the 2nd respondent is representing in public interest. For Petitioner: Mr.V.Raghavachari Senior Counsel for Mr.S.Vinod For Respondents: Mr.J.Ravindran Addl. Advocate General assisted by Mr.Muniyapparaj Addl. Public Prosecutor for respondent No.1 Mr.R.Sankarasubbu for M/s.K.Bharathi D. Parvendhan S.Vasantharaman for respondent No.2 ORDER (Order of the Court was made by the Hon'ble Chief Justice) The grievance raised in this petition is that, despite a notice issued on 7.8.2025 in proceedings under Section 41 of the Chennai City Police Act, 1888, the members of the second respondent/ ______________ https://www.mhc.tn.gov.in/judis W.P.No.30607 of 2025 Union, in the name of agitation, have occupied the pavement and platform, causing serious inconvenience to the public. 2. Learned Additional Advocate General would inform the court that, after the notice is issued, the authorities shall take appropriate action in accordance with law to ensure that pavements/pathways/roads, where such permission cannot be granted to raise agitation, are vacated. 3. While the right of the second respondent to lodge peaceful protest cannot be denied, the second respondent is also obliged to ensure that the agitation is peaceful and without violating the laws of the land. 4. We hope and expect that in the name of agitation, the pavements/pathways/roads shall not be allowed to be blocked. The authorities shall also ensure that if the second respondent applies for a space to peacefully organise protest in accordance with the provisions of law, the same shall be examined and appropriate ______________ https://www.mhc.tn.gov.in/judis W.P.No.30607 of 2025 order shall be passed so as to ensure that second respondent may be allowed to exercise its right of peaceful protest and agitation and, at the same time, pavements/pathways/roads, where such protest is not permissible, are not allowed to be occupied. 5. We may further observe here that all restraint shall be exercised by the law enforcing agency while ensuring that the pavements/pathways/roads are not allowed for organising and staging protest. Writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 13.08.2025 Index : Yes Neutral Citation : Yes sasi To: The Inspector of Police (Law & Order) G-2, Periamet Police Station, Periamet, Chennai-600 003. ______________ https://www.mhc.tn.gov.in/judis W.P.No.30607 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) W.P.No.30607 of 2025 13.08.2025 ______________ https://www.mhc.tn.gov.in/judis