Madras High CourtS.Shanmugasundaram vs The State Of Tamil Nadu on 22 September, 2022Author:G.K.IlanthiraiyanBench:G.K.IlanthiraiyanW.P.Nos.24540 of 2022 etc.\n\n                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\n                                               DATED: 22.09.2022\n\n                                                    CORAM:\n\n                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN\n\n                      W.P.Nos.24540, 24542, 24543, 24544, 24546 to 24549, 24551, 24936,\n                       24942, 24943, 24945, 24946, 24982, 25033, 25079, 25081, 25082,\n                       25084, 25085, 25086, 25088, 25089, 25125, 25130, 25208, 25213,\n                       25227, 25234, 25260, 25264, 25270, 25273, 25277, 25393, 25396,\n                       25432, 25435, 25437, 25438, 25440, 25441, 25442, 25445, 25447,\n                                        25570, 25574, 25579 of 2022\n                                                    and\n                      W.M.P.Nos.23505, 23509, 23510, 23513, 23516, 23511, 23515, 23517,\n                       23518, 23877, 23885, 23886, 23887, 23888, 23917, 23979, 24033,\n                       24036, 24041, 24069, 24215, 24218, 24223, 24229, 24232, 24577,\n                       24420, 24424, 24423, 24370, 24374, 24419, 24425, 24462, 24422,\n                                            24427, 24435 of 2022\n\n                     W.P.No.24540 of 2022 :-\n\n                     S.Shanmugasundaram                                   ...Petitioner\n\n                                                          -Vs-\n\n                     1. The State of Tamil Nadu\n                        Rep by its Secretary,\n                        Home Department,\n                        Fort St. George,\n                        Chennai – 600 009.\n\n                     2. The Director General of Police,\n                        Post Box No.601,\n                        Dr.Radhakrishnan Salai,\n                        Mylapore, Chennai – 600 004.\n\n\nhttps://www.mhc.tn.gov.in/judis\n                     Page 1 of 26\n                                                                          W.P.Nos.24540 of 2022 etc.\n\n                     3. The Superintendent of Police,\n                        Cuddalore District,\n                        Cuddalore – 607 001.\n\n                     4. The Inspector of Police,\n                        Cuddalore New Town Police Station,\n                        Cuddalore – 607 001.                                   ... Respondents\n\n                     Prayer: Writ Petition filed underArticle 226of the Constitution of India\n                     praying to issue a Writ of Mandamus to direct the respondents herein to\n                     permit the petitioner and the member of Rashtriya Swayam Sevak Sangh\n                     (RSS) to conduce the procession (Route March) wearing their Unifor\n                     (Dark Olive Green Trousers, White Shirt, Cap, Belt, Black Shoes) lead\n                     by a musical band from Subbarayalur Reddiar Thirumana Mandapam,\n                     Manjakuppam to Manjakuppam Ground (Via old Collector office road,\n                     Anna Nagar Main Road, Beach Main Road, Four Corner Road,\n                     Pudupalayam junction, Bharathi Road) on 02.10.2022 at 3.00 pm., an\n                     conduct a public meeting on Manjakuppam Ground at 5.00 p.m., to 6.30\n                     pm., pursuant to the petitioner's representation to the fourth respondent\n                     dated 25.08.2022.\n                                                     In all W.Ps.\n                                    For Petitioner    : Mr.S.Prabhakaran, Senior Counsel &\n                                                        Mr.N.L.Rajah, Senior Counsel &\n                                                        Mr.G.Raja Gopal, Senior Counsel\n                                                        For Mr.B.Rabu Manohar\n\n                                    For Respondents : Mr.Hasan Mohammed Jinnah\n                                                      State Public prosecutor\n                                                      Assisted by Mr.E.Raj Thilak\n                                                      Additional Public Prosecutor &\n                                                      Mr.S.Santhosh,\n                                                      Government Advocate (Crl. Side)\nhttps://www.mhc.tn.gov.in/judis\n                     Page 2 of 26\n                                                                               W.P.Nos.24540 of 2022 etc.\n\n\n                                                  COMMON          ORDERThese Writ Petitions have been filed for directions directing\n\n                     the respondents to permit the petitioners to conduct procession (route\n\n                     march) wearing their uniform lead by a musical band in various places on\n\n                     02.10.2022 at different times, all over Tamil Nadu.2.   The petitioners are functioning as various posts of Rashtriya\n\n                     Swayam Sevak Sangh (herein after referred to as “RSS”). It is found in\n\n                     the year 1925. In order to celebrate 75th year of Independence, the birth\n\n                     centenary of Barath Ratna Dr.B.R.Ambedkar and Vijaydasamy, they\n\n                     decided to take out procession on 02.10.2022 at various places and to\n\n                     conduct a public meeting on the same day. Therefore, the petitioners\n\n                     have submitted their respective representations underSection 41(A)of\n\n                     the Chennai City Police Act (herein after referred to as “the Act”) andSection 30(2)of the Police Act, requesting the authorities concerned to\n\n                     grant permission to the petitioners to conduct procession on 02.10.2022\n\n                     and also to conduct public meeting. However, their applications are\n\n                     pending on the file of the authorities concerned and not yet decided till\n\n                     now. Therefore, the petitioners were constrained to file these Writ\n\n\nhttps://www.mhc.tn.gov.in/judisPage 3 of 26W.P.Nos.24540 of 2022 etc.\n\n                     Petitions seeking direction to grant necessary permissions to conduct\n\n                     procession and for the public meeting on 02.10.2022.3.    Heard      Mr.S.Prabhakaran,     learned      Senior       Counsel,\n\n                     Mr.N.L.Rajah, learned Senior Counsel, and Mr.G.Rajagopalan, learned\n\n                     Senior Counsel appearing for the petitioners and Mr.Hasan Mohammed\n\n                     Jinnah, learned State Public Prosecutor appearing for the respondents in\n\n                     all the Writ Petitions.4.    The details of the representations submitted by the\n\n                     respective petitioners for seeking permission, are as follows :-Sl.No        Writ Petition       Place                Route & timings\n                         1        W.P.No.24540     Cuddalore   From Subbarayalu Reddiar Thirumana\n                                  of 2022                      Mandapam, Manjakuppam, Cuddalore to\n                                                               Manjakuppam Ground (Via old Collector\n                                                               Office Road, Anna Nagar Main Road,\n                                                               Beach Main Road, Four Corner Road,\n                                                               Pudupalayam junction, Bharathi Road) on\n                                                               02.10.2022 at 3.00 p.m. And conduct a\n                                                               public meeting on Manjakuppam Ground,\n                                                               Cuddalore, from 5.00 p.m., to 6.30 p.m.\n                         2        W.P.No.24542     Chennai     From Dr.Nalli Kuppuswamy Vivekananda\n                                  of 2022                      Vidyalaya, Korattur         to    Dr.    Nalli\n                                                               Kuppswamy       Vivekananda        Vidyalaya,\n                                                               Korattur, (Via 17th Street, 31st Street, North\n                                                               Avenue, Station Road Bridge, NRS Road,\n                                                               Sivalingapuram, Ellaiamman Nagar) on\n                                                               02.10.2022 at 3.00 p.m., and conduct a\n                                                               public meeting on Dr.Nalli Kuppuswamy\n\nhttps://www.mhc.tn.gov.in/judisPage 4 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition        Place                    Route & timings\n                                                                   Vivekananda Vidyalaya, Korattur, from\n                                                                   6.00 p.m., to 7.30 p.m.\n                         3        W.P.No.24543    Villupuram       From Municipality Ground Near New Bus\n                                  of 2022                          Stand, Villupuram to Old Bus Stand,\n                                                                   Villupuram (Via Chennai to Trichy Main\n                                                                   Road, Kamarajar Street, Thiru Vi Ka Street,\n                                                                   PJN Road) on 02.10.2022 at 3.00 p.m., and\n                                                                   conduct a public meeting near Villupuram\n                                                                   Old Bus stand, from 5.00 pm., to 6.30 p.m.,\n                         4        W.P.No.24544    Gobi          From Gobi Town to Muthu Mahal Arch,\n                                  of 2022         Chettipalayam Gobi, (Via Modachur (Thandhondri\n                                                                Amman Koil, Muthu Mahal Arch) on\n                                                                02.10.2022 at 3.00 p.m., and conduct a\n                                                                public meeting on Muthu Mahal Arch,\n                                                                Gobi, from 5.00 p.m., to 6.30 p.m.,5        W.P.No.24546    Srivilliputtur   From Pathavinayagar Kovil, Srivilliputtur to\n                                  of 2022                          Theradi (Via Kamarajar Salai, Maraiamman\n                                                                   Kovil, East Car Street) on 02.10.2022 at\n                                                                   4.25 pm., and conduct a public meeting on\n                                                                   Theradi, Srivilliputtur, from 6.00 p.m., to\n                                                                   7.30 p.m.,\n                         6        W.P.No.24547    Mulanur          From Sakthi Agency, Mulanur to NSN\n                                  of 2022         (Tiruppur)       Mahal, Mulanur (viz SMW Mill, Karur\n                                                                   Main Road, Sanarpalayam Road) on\n                                                                   02.10.2022 at 5.00 p.m., and conduct a\n                                                                   public meeting on NSN Mahal, Mulanur,\n                                                                   from 6.00 to 7.30 p.m.\n                         7        W.P.No.24548    Erode            From Sengunthar Higher Secondary School,\n                                  of 2022                          Erode to Anjaneyar Temple, Kallukadai\n                                                                   Medu, Erode (Via Eswaran Kovil Street,\n                                                                   Mani Koondu, Periyar Mandram, Katcheri\n                                                                   Street, Marapalam Road) on 02.10.2022 at\n                                                                   3.00 pm., and conduct a public meeting on\n                                                                   back side of Anjaneyar Temple, Kallukadai\n                                                                   Medu, Erode, from 5.00 p.m., to 6.00 p.m.\n                         8        W.P.No.24549    Namakkal         From     Poongasalai,      Namakkal      to\n                                  of 2022                          Poongasalai, Namakkal (Viz Poongasalai,\n                                                                   Trichy Road, State Bank, Mohanoor Road,\n                                                                   Iyappan Kovil, S.P.Puthur, Poongasalai) on\n                                                                   02.10.2022 at 3.00 p.m. and conduct a pubic\n                                                                   meeting on Poogasalai, Namakkal, from\n\nhttps://www.mhc.tn.gov.in/judisPage 5 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                   Route & timings\n                                                                 5.00 p.m., to 8.00 p.m.,\n                         9        W.P.No.24551    Salem          From      Pandurangan       Vital     Street,\n                                  of 2022                        Kalarampatti, Salem to Dhadhagapatti Gate,\n                                                                 Salem (Via Karungalpatti Main Road,\n                                                                 Prabath theatre, Trichy Road, Pillukadai) on\n                                                                 02.10.2022 at 3.00 p.m., and conduct public\n                                                                 meeting on Dhadhagapatti Gate Thidal,\n                                                                 Salem, from 4.30 p.m., to 6.00 p.m.\n                        10        W.P.No.24936    Perambalur     From Palakarai Roundana, Perambalur to\n                                  of 2022                        West Radio Thidal, Perambalur (Via\n                                                                 Krishna Theatre, Roever Arch, Raja\n                                                                 Theatre, Elambalur Road, Kamarajar Arch,\n                                                                 Gandhi Statue) on 02.10.2022 at 4.00 p.m.,\n                                                                 and conduct a public meeting at West Radio\n                                                                 thidal, Perambalur at 5.15 p.m., to 7.00 p.m.11.       W.P.No.24942    Chengalpattu   From old Bus Stand, Chengalpattu to\n                                  of 2022                        Vivekananda Vidyalaya, Chengalpattu (Via\n                                                                 Mettu Street, Anna Salai, Kundur,\n                                                                 Azhagesan Nagar, Main Road Anna Nagar\n                                                                 1st street) on 02.10.2022 at 3.00 p.m., and\n                                                                 conduct a public meeting near KCJ\n                                                                 Vivekananda Vidyalaya, Chengalpattu,\n                                                                 from 5.00 p.m., to 7.00 p.m.12.       W.P.No.24943    Kumbakonam From Gandhi Road, Kumbakonam to\n                                  of 2022                    Gandhi Road, Kumbakonam (via Head Post\n                                                             Office, Diamond Theatre, TSR Periya\n                                                             Kadai Street, Pookadai Street, Tanjore Main\n                                                             Road, Devan Hotel, Morning Star School)\n                                                             on 02.10.2022 at 3.00 p.m., and conduct a\n                                                             public meeting near Raya Kalayana Mahal,\n                                                             Gandhi Road, Kumbakonam, from 5.00\n                                                             p.m., to 7.00 p.m.13.       W.P.No.24945    Thiru          From Surya Mahal, Thirumangalam to\n                                  of 2022         mangalam       Rajaji Statue, Thirumangalam (via Surya\n                                                                 Mahal, Aatu Santhai, Usilampatti Road,\n                                                                 Devar Statue, Munsif Court Road,\n                                                                 Bharathiyar Street, Suma Hospital, D.S.P.\n                                                                 Office, Bus Stand) on 02.10.2022 at 3.00\n                                                                 p.m., and conduct a public Meeting near\n                                                                 Rajaji Statue, Thirumangalam, from 6.00\n\nhttps://www.mhc.tn.gov.in/judisPage 6 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                  Route & timings\n                                                                p.m., to 8.00 p.m.14.       W.P.No.24946    Pattukottai   From Kasankulam Keelkarai, Pattukottai to\n                                  of 2022                       Post Office, Pattukottai (Via Thenkarai\n                                                                Melkarai, Post office, manikoondu,\n                                                                Aranathangi Mukkam, Samiyarmadam) on\n                                                                02.10.2022 at 3.00 p.m., and conduct a\n                                                                public meeting near post office Corner,\n                                                                Pattukottai, from 6.00 p.m., to 8.00 p.m.15.       W.P.No.24982    Coimbatore    From Saratha Mill Road, Coimbatore to\n                                  of 2022                       Masarayan Kovil Thottam, Coimbatore (Via\n                                                                Sangam       Veethi,    Machampalayam,\n                                                                Idaiyarpalayam, Saraswathi Ramachandra\n                                                                Palli street, Machapalayam Road) on\n                                                                02.10.2022 at 2.00 p.m., and conduct a\n                                                                public meeting on Masarayan Kovil\n                                                                Thottam, Coimbatore, from 6.00 p.m., to\n                                                                9.0 p.m.,16.       W.P.No.25033    Karambakudi From Muthu Karuppaiya Swamy Kovil\n                                  of 2022         (Aranthangi) Entrance, Karambakudi to Seenikkadai\n                                                               Mukkam, Karambakudi (via Murugan Kovil\n                                                               Back Side Road, Thiruvonam Road,\n                                                               Thattara Theru, Narangipattu Road,\n                                                               Katcheri Veethi, Bus Stand, Gandhi park)\n                                                               on 02.10.2022 at 5.00 p.m., and conduct a\n                                                               public meeting on Seenikkadai Mukkam,\n                                                               Karambakudi, from 6.00 p.m., to 7.30 p.m.17.       W.P.No.25079    Pollachi      From Rajeshwari Mahal, Palladam Road,\n                                  of 2022                       Pollachi to Rajeshwari Mahal, palladam\n                                                                Road, Pollachi (Via Thermutte, Chatharam\n                                                                Street, Bazzar Street, Venkatramanan\n                                                                Street, Central Bus Stand, Gandhi Statute)\n                                                                on 02.10.2022 at 3.00 p.m., and conduct a\n                                                                public meeting in front of Rajeswari Mahal\n                                                                at Palladam Road, Pollachi, from 7.00 p.m.,\n                                                                to 9.30 p.m.18.       W.P.No.25081    Kanchipuram From Ground nearby Hotel Saravana\n                                  of 2022                     Bhavan, Gandhi Road, Kanchipuram to\n                                                              Ground nearby Hotel Saravana Bhavan,\n                                                              Gandhi Road, Kanchipuram (Via Vallal\n                                                              Panchayappan Street, Bus Stand Back Side,\n                                                              CSI Hospital, Sekkupettai Nadu Street,\n\nhttps://www.mhc.tn.gov.in/judisPage 7 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                Route & timings\n                                                               Ennaikara Street, Railway Road) on\n                                                               02.10.2022 at 4.30 p.m.,and conduct a\n                                                               public meeting on Ground nearby Hotel\n                                                               Saravana Bhavan, Kanchipuram, from 6.00\n                                                               to 8.00 p.m.19.       W.P.No.25082    Dharmapuri   From Variyar Thidal, Kumarasamy pettai to\n                                  of 2022                      Variyar Thidal, Kumarasamy pettai (Via\n                                                               Four Road, Periyar Statue, S.V.Road,\n                                                               Municipal Park, Nethaji Bye Pass Road,\n                                                               Govt. G.H. Hospital) on 02.10.2022 at 3.00\n                                                               p.m., and conduct a public meeting on\n                                                               Variyar Thidal, Kumarasamy pettai, from\n                                                               6.00 p.m., to 8.00 p.m.20.       W.P.No.25084    Madurai      From Vadiyur Perumal Kovil, Madurai to\n                                  of 2022                      Ambiga      Theatre,      Madurai     (Via\n                                                               Anumarpatti, Vandiyur Main Road,\n                                                               Sourastrapuram, Melamadai Main Road,\n                                                               Suguna Store, Anna Nagar 80 feet Road) on\n                                                               02.10.2022 at 4.30 p.m., and conduct a\n                                                               public meeting near Ambiga theatre,\n                                                               Madurai, from 6.00 p.m., to 8.00 p.m.21.       W.P.No.25085    Arakkonam    From Sri Selva Vinayagar Kovil (TNHB\n                                  of 2022                      Main Road,) Arakkonam to Dr. Ambedkhar\n                                                               Century Arch, Arakkonam (Via Indra\n                                                               Gandhi Statue, Taluk Office, Gandhi Road,\n                                                               Old bus stand, Market) on 02.10.2022 at\n                                                               3.00 p.m., and conduct a public meeting on\n                                                               private ground opposite Jai Bhim Arch,\n                                                               Arakkonam, from 5.00 p.m., to 7.00 p.m.22.       W.P.No.25086    Trichy       From Mrakadai M.G.R. Statue, Trichy to\n                                  of 2022                      Mela Chinthamani, Trichy (Via Gandhi\n                                                               Market, Periya Kadai Veethi, NSB Road,\n                                                               Nandhi Kovil Street, Kaliyamman Kovil\n                                                               Street) on 02.10.2022 at 4.00 p.m., and\n                                                               conduct a public meeting on mela\n                                                               Chinthamani, Trichy, from 5.30 p.m., to\n                                                               7.30 p.m.,\n                        23        W.P.No.25088    Palani       From Pathavinyagar Kovil, Palani to\n                                  of 2022                      Theradi, Palani (Via Thiruaavinankudi,\n                                                               Devar Statue, Mayil Roundana, Vel\n                                                               Roundana, Gandhi Market, periyakada\n\nhttps://www.mhc.tn.gov.in/judisPage 8 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                 Route & timings\n                                                                Veethi, South Car Street, West Car Street)\n                                                                on 02.10.2022 at 4.25 p.m., and conduct a\n                                                                public meeting on Theradi, Palani, from\n                                                                6.00 p.m., to 8.00 p.m.24.       W.P.No.25089    Ariyalur      From Anna Statue, Ariyalur to Anna Statue,\n                                  of 2022                       Ariyalur (via Theradi bus stop, Chatram bus\n                                                                stop, Madha Kovil bus stop, Theradi) on\n                                                                02.10.2022 at 3.00 p.m., and conduct a\n                                                                public meeting near Anna Statue, Ariyalur,\n                                                                from 5.00 p.m., and 7.00 p.m.25.       W.P.No.25125    Urapakkam     From Sri Sankara Vidhyalaya Matriculation\n                                  of 2022         (Tambaram)    Higher Secondary School, Urapakkam to\n                                                                Sri Sankara Vidyalaya Matriculation Higher\n                                                                Secondary School, Urapakkam (Via\n                                                                Iyyenchery Main Road, Karanai Puducherry\n                                                                Road, Palayathamman Kovil Street,\n                                                                Kanthan Street, Eswaran Kovil Street,\n                                                                Sokkathamman Kovil Steet) on 02.10.2022\n                                                                at 3.00 pm., and conduct a public meeting\n                                                                on Sri Sankara Vidyalaya Matriculation\n                                                                Higher Secondary School, Urapakkam,\n                                                                from 5.00 p.m., to 7.00 p.m.26.       W.P.No.25130    Chinnamanur From       Kannadi      Kadai     Junction,\n                                  of 2022         (Theni)     Chinnamanur to Kannadi kadai Junction,\n                                                              Chinnamanur (Via Muthalamman Kovil,\n                                                              Panchayat Union Office Road, Theni –\n                                                              Cumbum        Highways,    Santhi    Mess,\n                                                              Agraharam) on 02.10.2022 at 4.15 p.m., and\n                                                              conduct a public meeting near Kannadi\n                                                              Kadai Junction, Chinnamannur, from 5.45\n                                                              p.m., to 7.45 p.m.27.       W.P.No.25208    Arani         From Dharumaraja Kovil Mythanam, Arani\n                                  of 2022                       to En Mahal, Vellore Road, Arani (via\n                                                                Chinakadai Street, Erikarasi Arasamaram,\n                                                                Anna Statue, Bazzar Road, Balaji\n                                                                Restaurant) on 02.10.2022 at 3.00 p.m., and\n                                                                conduct a public meeting at En Mahal,\n                                                                Arani, from 4.45 p.m., to 7.00 p.m.28.       W.P.No.25213    Tiruvallur    From Meera Theatre, Thiruvallur to\n                                  of 2022                       Venkateswara Matric School, Tiruvallur\n                                                                (via Nethaji Road, Perumal Kovil Street,\n\nhttps://www.mhc.tn.gov.in/judisPage 9 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                 Route & timings\n                                                                Vadukku Raja Street, Mothilal Street,\n                                                                Theradi, Kulakkarai Street) on 02.10.2022\n                                                                at 3.00 p.m., and conduct a public meeting\n                                                                at Venkateswara Matric School, Tiruvallur,\n                                                                from 5.00 p.m., to 7.00 p.m.29.       W.P.No.25227    Ambur         From Murugal Theatre, Ambur to Perumal\n                                  of 2022                       Kovil Ambur (Via Ambur bye pass road,\n                                                                Nethaji Road, Bazzar Road, S.K.Road) on\n                                                                02.10.2022 at 3.00 p.m., and conduct a\n                                                                public meeting at Vallalar Madam, by pass\n                                                                road, Ambur, from 5.00 p.m., to 7.00 p.m.30.       W.P.No.25234    Thoothukudi   From Bharat Ratna Kamaraj Matric School\n                                  of 2022                       (near Kamaraj College, Thoothukudi to\n                                                                Chidambara Nagar (Maiyavadi) Stop,\n                                                                Thoothukudi (via Levinchipuram Water\n                                                                Tank, Briyant Nagar 4th Street, VVD Signal)\n                                                                on 02.10.2022 at 4.00 p.m., and conduct a\n                                                                public metting at Chidambara nagar\n                                                                (Maiyavadi) Stop, Thoothukudi, from 5.30\n                                                                p.m., to 7.30 p.m.31.       W.P.No.25260    Thiruvanna    From Krishnar Temple, Krishnan Street,\n                                  of 2022         malai         Tiruvannamalai to Amutha Thirumana\n                                                                Mandapam,       Thiruvannamalai       (Via\n                                                                Kattabomman Street, Ayyangulam Street,\n                                                                Ayyankula Agrakara Street, Sannathi Street,\n                                                                Car Street, Chinnakada Street) on\n                                                                02.10.2022 at 3.00 p.m., and conduct a\n                                                                public   meeting    at    Anna     Statue,\n                                                                Thiruvannamalai, from 4.25 p.m., to 6.30\n                                                                p.m.32.       W.P.No.25264    Ramanatha     From Aranmani, Ramanathapuram to\n                                  of 2022         puram         Aranmani, Ramanathapuram (Via Sigil Raja\n                                                                Veethi, Kenikkarai Vazhivudu Murugan\n                                                                Temple, Vandikkara Street, Agraharam\n                                                                Road) on 02.10.2022 at 5.00 p.m., and\n                                                                conduct a public meeting near Aranmani,\n                                                                Ramanathapuram, from 6.30 p.m., to 8.30\n                                                                p.m.33.       W.P.No.25270    Vellore       From Sathuvachari Collector Office\n                                  of 2022                       Junction, Vellore to Anna Kalai Arangam,\n\nhttps://www.mhc.tn.gov.in/judisPage 10 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition      Place                  Route & timings\n                                                               Vellore. (Via Kakitha Pattarai, CMC\n                                                               Hospital, Mandi Street, Vempuli Amman\n                                                               Street, Builder butt Road) on 02.10.2022 at\n                                                               5.00 p.m., and conduct a public meeting at\n                                                               Kottai Round Road, Vellore, from 6.00\n                                                               p.m., to 8.00 p.m.34.       W.P.No.25273    Vedaranyam   From Sri Varadharaja Perumal Temple,\n                                  of 2022                      Thopputhurai, Vedaranyam to South Main\n                                                               Street, West end, Vadaranyam (Viz Nagai\n                                                               Road, North Main Street, North main\n                                                               Street, East Main Street, South main Street)\n                                                               on 02.10.2022 at 3.00 p.m., and conduct a\n                                                               public meeting at South Main Street West\n                                                               end, Vedaranyam, from 6.00 p.m., to 8.00\n                                                               p.m.35.       W.P.No.25277    Karur        From Light House, Karur to Light House,\n                                  of 2022                      Karur (via Light House Roundana, Old Bus\n                                                               Stand, Bama Medicals, New Bus Stand,\n                                                               Thinappa Theatre, G.H., Municipal Office,\n                                                               Dindigul corner) on 02.10.2022 at 5.00\n                                                               p.m., and conduct a public meeting at Light\n                                                               House Corner, Karur, from 6.00 p.m., to\n                                                               8.00 p.m.\n                        36        W.P.No.25393    Palladam     From      Angalamman      Kovil    opposite\n                                  of 2022                      Kosavanpalayam road, Palladam to N.G.R.\n                                                               Road, palladam (via Palladam Kovai Road,\n                                                               G.H., Axis Bank Street, New Extension\n                                                               Street, Veera Kumar Mahal, Vadugaplayam\n                                                               Road, Muniyaapan Kovil, Vetrinary\n                                                               Hospital,      Palladam-Pollachi     Road,\n                                                               Palladam 4 Road, Court Street, Post Office\n                                                               Street, Patel Street) on 02.10.2022 at 5.00\n                                                               p.m., and conduct a public meeting near\n                                                               N.G.R.Road, Palladam, from 6.00 p.m., to\n                                                               8.00 p.m.,37.       W.P.No.25396    Hosur        From Bagalur, Hudco, Hosur to Appavu\n                                  of 2022                      Nagar, Hosur (Via Taluk Office Road, G.H.\n                                                               Tank Street, Ram Nagar 1st Cross, Thalli\n                                                               Road) on 02.10.2022 at 3.00 p.m., and\n                                                               conduct a public meeting at Exhibition\n                                                               ground, near V.J. Function Hall Thalli\n\nhttps://www.mhc.tn.gov.in/judisPage 11 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                   Route & timings\n                                                                 Road, Hosur, from 5.00 p.m., to 7.30 p.m.38.       W.P.No.25432    Gandharava     From MRS Mandapam, Gandharvakottai to\n                                  of 2022         kottai         Vellaimuniswarar Kovil, Gandharvakottai\n                                                                 (Via Karambakudi Road, Arulmari Matric\n                                                                 School, Periyakadai Road, Bus stand, AIT\n                                                                 Mandapam, Main Road) on 02.10.2022 at\n                                                                 5.00 p.m., and conduct a public meeting at\n                                                                 Vellai Munishwarar Kovil, Gandharva\n                                                                 kottai, from 6.00 p.m., to 8.00 p.m.39.       W.P.No.25435    Alwar          From Kallabiran Temple to VOC Thidal\n                                  of 2022         Thiurnagari    (Via Ambala Street, Sivan Koil Street,\n                                                                 Yadav Street, Masi Street, Mutharamman\n                                                                 Koil Street, on 02.10.2022 at 3.00 p.m., and\n                                                                 conduct a public meeting at VOC Thidal,\n                                                                 from 6.00 p.m., to 8.00 p.m.40.       W.P.No.25437    Thenkasi       From North Chariot Street, Senai Thalaival\n                                  of 2022                        Primany School, Sankarankoil to Gandhi\n                                                                 Statue (via Rajapalayam Main Road, State\n                                                                 Bank, Thiruvallurvar Nagar, Geethalaya\n                                                                 Theatre, Thiruvengadam Street, Raju\n                                                                 Jinning Factory, Pudhu Manai Kazhugu\n                                                                 Malai Road) on 02.10.2022 at 3.00 p.m.,\n                                                                 and conduct a public meeting from 6.00\n                                                                 p.m., to 8.00 p.m.\n                        41        W.P.No.25438    Attur (Salem) From Old Bus stand, Attur to Ranipet\n                                  of 2022                       thidal,   Attur    (via     Kadai   Veethi,\n                                                                Thaiyumanavar Street, Arunagirinathar\n                                                                Street, Kamarajar Road, Sarada Pertrol\n                                                                bunk) on 02.10.2022 at 3.00 p.m., and\n                                                                conduct a public meeting at Ranipet thidal,\n                                                                Attur, from 5.00 p.m., to 7.00 p.m.\n                        42        W.P.No.25440    Amba           From Krishnan Kovil, Ambasamudram to\n                                  of 2022         samudram       Krishnan Kovil, Ambasamudram (via\n                                                                 Pookadai Mukku, Pudhu Grammam Street,\n                                                                 Thirumajanam Street, Nagaladi Street,\n                                                                 Sankaran Kovil Road, Senkunthar Street,\n                                                                 Palapannai Street, College Road, North Car\n                                                                 Street, East Car Street) on 02.10.2022 at\n                                                                 4.25 p.m., and conduct a public meeting\n                                                                 near Krishnan Kovil, Ambasamudram, from\n                                                                 6.00 p.m., to 8.00 p.m.\n\nhttps://www.mhc.tn.gov.in/judisPage 12 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No       Writ Petition       Place                  Route & timings43.       W.P.No.25541    Nilagiri       From Race View Road (near Mahindra and\n                                  of 2022                        Mahindra – Derby Green) Ettines Road,\n                                                                 Udhagamandalam, The Nilgiris to Gandhi\n                                                                 Maidhan, Ettines Road, Udhagamandalam,\n                                                                 The Nilgiris (Via Central Bus Stand, Main\n                                                                 Bazaar Road, Blue Mountain Circle,\n                                                                 Commerical Road, Charring Cross Junction\n                                                                 (Gandhiji Statue) Charring Cross Post\n                                                                 Office, Ettines Road) on 02.10.2022 at 3.00\n                                                                 p.m., and conduct a public meeting near\n                                                                 Gandhi Maidhan, from 6.00 p.m., to 8.00\n                                                                 p.m.44.       W.P.No.25442    Arumanai       From Aided Higher Secondary School,\n                                  of 2022         (Kanya         Arumanai to V.T.M. Arts and Science\n                                                  kumari)        College Kanchuluvilai, Arumanai (Via\n                                                                 Arumanai     Junction,     Mela     Theru,\n                                                                 Kanchuluvilai) on 02.10.2022 at 3.00 p.m.,\n                                                                 and conduct a public meeting V.T.M.Arts\n                                                                 and Science College, Kanchuluvilai,\n                                                                 Arumanai, from 5.00 to 7.00 p.m.\n                        45        W.P.No.25445    Nagercoil      From Nagaraja Thidal, Nagarcoil to S.T.\n                                  of 2022                        Hindu College, Nagercoil, (Via Head Post\n                                                                 Office, Tower junction, Veppumoodu\n                                                                 junction,    Chettikulam     junction)  on\n                                                                 02.10.2022 at 4.00 p.m., and conduct a\n                                                                 public meeting at S.T.Hindu College,\n                                                                 Nagercoil, from 5.30 p.m., to 7.30 p.m.\n                        46        W.P.No.25447    Kallakurichi   From V.A.S.Mahal, Kallakurichi to\n                                  of 2022                        Mandhavali, Kallakurichi (Via Salem Main\n                                                                 Road, Kadai Veethi, Kulathu Mettu Street,\n                                                                 Gandhi Road, Kachirayapalayam road,\n                                                                 Krishnar Kovil Street, Chithery Street,\n                                                                 Gramchavedi Street) on 02.10.2022 at 3.00\n                                                                 p.m., and conduct a public meeting at\n                                                                 Mandhavali, Kallakurichi, from 5.00 p.m.,\n                                                                 to 7.00 p.m.\n                        47        W.P.No.25570    Gudalur        From Satthuvachari Collector Office\n                                  of 2022                        Junction, Vellore to Anna kalai Arangam,\n                                                                 Vellore (Viz Kakitha Pattarai, CMC\n                                                                 Hospital, Mandi Srteet, Vempuli Amman\n                                                                 Street, Builder Butt Road) on 02.10.2022 at\n\nhttps://www.mhc.tn.gov.in/judisPage 13 of 26W.P.Nos.24540 of 2022 etc.\n\n\n                      Sl.No        Writ Petition        Place                 Route & timings\n                                                                  5.00 p.m., and conduct a public meeting at\n                                                                  Kottai Round Road, Vellore, from 6.00\n                                                                  p.m., to 8.00 p.m.48.       W.P.No.25574     Mettupalayam From Padhmalaya Garden to Abirami\n                                  of 2022                       Theatre (via Mahadeva Puram, Kattur,\n                                                                Sivam Theatre, Five Corner Bus Stand) on\n                                                                02.10.2022 at 5.00 p.m., and conduct a\n                                                                public meeting from 4.00 p.m., to 5.00 p.m.49.       W.P.No.25579     Sivagangai     From Vathiyar Ayya Temple to Seerani\n                                  of 2022                         Arangam (Viz Karaikudi Road, Koothadhi\n                                                                  Amman Koil Street, New Colony,\n                                                                  Vinayagar Temple, Keelakapu Road,\n                                                                  Keezha Theru, Chetti Oorani, Chandhi\n                                                                  Veera Koodam, Mangala Vinayakar Street,\n                                                                  Behind Post Office, RMS Hospital, G.H\n                                                                  Road, Dindigul Main Road, via Sundar\n                                                                  Nagar Arch, 4 Roads) on 02.10.2022 at 5.00\n                                                                  p.m., and conduct a public meeting from\n                                                                  4.00 p.m., to 5.00 p.m.\n\n                     Since the above representations are not considered, the petitioners\n\n                     approached this Court by way of the present Writ Petitions.5.    It is relevant to extract the provisions underSection 41of\n\n                     the Act, as follows :-“41. Power to regulate assemblies, meetings and\n                                  processions      in    public    places,    etc.-   (1)     The\n                                  Commissioner, or subject to his orders, any Police-\n                                  officer above the rank of head constable may, from time\n                                  to time, as occasion may require direct the conduct of all\n                                  assemblies, meetings and processions in public places;\n                                  prescribe the routes by which and the times at which\nhttps://www.mhc.tn.gov.in/judisPage 14 of 26W.P.Nos.24540 of 2022 etc.\n\n                                  such processions may pass; keep order in public places\n                                  and prevent obstructions on the occasion of such\n                                  assemblies, meetings and processions, and in the\n                                  neighbourhood of places of worship during the time of\n                                  public worship and in any case when public places may\n                                  be thronged or liable to be obstructed; and may licence\n                                  and regulate or prohibit the use of music or of sound\n                                  amplifiers in any area.................................41A. Power to prohibit drill or training by five or\n                                  more persons, etc. - (1) (a) The Commissioner may,\n                                  whenever he considers it necessary so to do for the\n                                  preservation of the public peace or public safety or for\n                                  the maintenance of public order, by order in writing,\n                                  prohibit the holding of, or taking part in, any drill with\n                                  arms or training with arms by five or more persons in\n                                  any place, whether public or private, or the carrying of\n                                  arms in any procession.(b) The Commissioner may, whenever he considers it\n                                  necessary so to do for the preservation of the public\n                                  peace or public safety or for the maintenance of public\n                                  order, by order in writing, prohibit -(i) the use of gestures or mimetic representations or\n                                  playing of tapes or gramophone records or other\n                                  instruments in which speeches or songs are recorded, or\n\n\nhttps://www.mhc.tn.gov.in/judisPage 15 of 26W.P.Nos.24540 of 2022 etc.(ii) the preparation, exhibition or dissemination of\n                                  pictures,   symbols,        play         cards,   signs,      visible\n                                  representations or any other object or thing, which may,\n                                  in the opinion of the Commissioner, offend against\n                                  decency or morality, or promote on ground of religion,\n                                  race, place of birth, residence, language, caste or\n                                  community        or   any        other     ground        whatsoever,\n                                  disharmony, feelings of enmity or hatred or ill-will\n                                  between different religious, racial, language or regional\n                                  groups or castes or communities.(2) No prohibition under this section shall remain in\n                                  force for more than three months:Provided that if the State Government consider it\n                                  necessary so to do for the preservation of the public\n                                  peace or public safety or for the maintenance of public\n                                  order, they may, by notification, direct that the order\n                                  issued under subsection (1) shall remain in force for\n                                  such further period not exceeding six months from the\n                                  date on which such order would have, but for such\n                                  notification, expired, as they may specify in the said\n                                  notification.(3) Whoever contravenes any prohibition made under\n                                  this   section    shall,    on     conviction,      be    liable    to\n                                  imprisonment for a term which may extend to six months\n                                  and with fine which may extend to two thousand rupees.https://www.mhc.tn.gov.in/judisPage 16 of 26W.P.Nos.24540 of 2022 etc.\n\n                                  (4) Nothing contained in clause (a) of sub-section (1)\n                                  shall apply to -(i) the holding of, or taking part in, any drill with arms\n                                  or training with arms held by the, -(a) members of Home Guards;(b) members of Bharat Scouts and Guides in their\n                                  capacity as such members;(c) Police personnel;(d) Fire Service personnel;(e) Jail Service personnel;(f) members of the Armed Forces of the Union including\n                                  the National Cadet Corps; or(ii) the doing of any physical exercise other than drill\n                                  with arms or training with arms.(5) Notwithstanding anything contained in this section,\n                                  if the State Government are satisfied that it is necessary\n                                  or expedient in the public interest so to do, they may, by\n                                  notification, exempt, subject to such conditions as they\n                                  deem fit, any person or class of persons from the\n                                  provisions of clause (a) of sub-section (1) of this section.\n                                  Explanation. - For the purposes of this section "arms"\n                                  means any type of offensive weapon and includes lathi\n                                  and stick.”\n                     Thus, it is clear that the power to prohibit drill training as assembly or\n                     procession is available only to the Commissioner underSection 41(2)of\n                     the Act. It is also restricted by the proviso there under.https://www.mhc.tn.gov.in/judisPage 17 of 26W.P.Nos.24540 of 2022 etc.6.    It is also relevant to extract the provisions underSection\n\n                     30(2)of the Police Act, as follows:-“30.   Regulation   of   public   assemblies    and\n                                  processions and licensing of the same:- (l) The District\n                                  Superintendent or Assistant District Superintendent of\n                                  Police may, as occasion required, direct the conduct of\n                                  all assemblies and processions on the public roads, or in\n                                  the public streets or thoroughfares, and prescribe the\n                                  routes by which, and the times at which, such\n                                  processions may pass. (2) He may also, on being\n                                  satisfied that it is intended by any persons or class of\n                                  persons to convene or collect an assembly in any such\n                                  road, street or thoroughfare, or to form a procession\n                                  which would, in the judgment of the Magistrate of the\n                                  district, or of the sub-division of a district, if\n                                  uncontrolled, be likely to cause a breach of the peace,\n                                  require by general or special notice that the persons\n                                  convening or collecting such assembly or directing or\n                                  promoting such procession shall apply for a license. (3)\n                                  On such application being made, he may issue a license,\n                                  specifying the names of the licensees and defining the\n                                  conditions on which alone such assembly or such\n                                  procession is to be permitted to take place, and\n                                  otherwise giving effect to this section: Provided that no\n                                  fee shall be charged on the application for, or grant of\n\nhttps://www.mhc.tn.gov.in/judisPage 18 of 26W.P.Nos.24540 of 2022 etc.\n\n                                  any such license. (4) Music in the streets:- He may also\n                                  regulate the extent to which music may be used in streets\n                                  on   the      occasion   of   festivals   and   ceremonies.]\n                                  COMMENTS The police is empowered to regulate public\n                                  assemblies and processions and licensing of the same.\n                                  Violation of any of conditions of the license granted\n                                  under this section will entail penalty postulated by\n                                  section 32.30A. Powers with regard to assemblies and\n                                  processions violating conditions of licence:- (l) Any\n                                  Magistrate or District Superintendent of Police or\n                                  Assistant District Superintendent of Police or Inspector\n                                  of Police or any police-officer in charge of a station may\n                                  stop any procession which violates the conditions of a\n                                  license granted under the last foregoing section, and\n                                  may order it or any assembly, which violates any such\n                                  conditions, as aforesaid, to disperse. (2) Any procession\n                                  or assembly which neglects or refuses to obey any order\n                                  given under the last preceding sub-section, shall be\n                                  deemed to be an unlawful assembly.”7.    While this Court dealing with the similar matter in the batch\n\n                     of Writ Petitions in W.P.No.28677 of 2014 etc., by an order dated\n\n                     07.11.2014 held that as per the provisions underSection 41(3)(a)of the\n\n                     Chennai City Police Act, a person intending to take out a procession,\nhttps://www.mhc.tn.gov.in/judisPage 19 of 26W.P.Nos.24540 of 2022 etc.\n\n                     may make an application to the Commissioner seeking permission, even\n\n                     it a prohibitory order is in force underSection 41(2)of the Act. As perSection 41(3)(b)of the Act, the grant of permission for convening an\n\n                     assembly or meeting and promoting a procession, is the rule and the\n\n                     refusal of permission is the exception. Both the provisions do not confer\n\n                     any power upon the police to issue an order prohibiting any assembly or\n\n                     procession. It merely enable the District Superintendent of Police to\n\n                     require by a general or special notice, all persons who want to hold an\n\n                     assembly or organise a procession, to apply for a licence.8.   All the petitioners sought for permission to take out\n\n                     procession and to conduct public meeting. Therefore, they do not fall\n\n                     under the category, those where a right is claimed as an essential part of\n\n                     the profession of any religion, since the petitioners do not claim that they\n\n                     seek to take out a procession as an essential part of any religious rite.Further the respondents are kept the petitions for seeking permission to\n\n                     conduct procession and public meeting pending without passing any\n\n                     orders for the past nearly one month.9.   The Hon'ble Supreme Court of India in the case of Mazdoor\n\n\nhttps://www.mhc.tn.gov.in/judisPage 20 of 26W.P.Nos.24540 of 2022 etc.Kisan Shakti Sangathan Vs. The Union of India and anrin\n\n                     W.P.(Civil)No.1153 of 2017 by an order dated 23.07.2018 held that the\n\n                     fundamental right of the citizens to hold peaceful demonstrations and\n\n                     protest in order to bring out their grievances to the notice of the\n\n                     authorities in power so that the concerned authorities are awakened and\n\n                     attend to their grievances as well as take remedial measures. Therefore,\n\n                     there could not have been a complete ban on demonstration in the area in\n\n                     question. Undoubtedly, holding peaceful demonstration by the citizen in\n\n                     order to air its grievances and to ensure that these grievances are heard in\n\n                     the relevant quarters, is its fundamental right. This right is specifically\n\n                     enshrined underArticle 19(1)(a)and19(1)(b)of the Constitution of\n\n                     India. It confers a vary valuable right on the citizens viz., right of free\n\n                     speech and it gives right to assemble peacefully without arms.10.   Insofar as the Union Territory of Puducherry is concerned,\n\n                     the Superintendent of Police (East), Puducherry by an order dated\n\n                     16.09.2022 granted permission with certain conditions. The petitioners\n\n                     also under take before this Court that they will abide any conditions as\n\n                     imposed by this Court.11.   In view of the above order passed by the Hon'ble Supreme\n\n\nhttps://www.mhc.tn.gov.in/judisPage 21 of 26W.P.Nos.24540 of 2022 etc.\n\n                     Court of India as well as various orders passed by this Court, it would be\n\n                     appropriate to direct the respondents to grant permission to conduct\n\n                     procession and to conduct public meeting on 02.10.2022 at various\n\n                     places subject to the following conditions on or before 28.09.2022:-i. During the program, nobody shall either sign songs or speak ill on\n\n                                  any individuals, any caste, religion, etc.,\n\n                          ii. Those who participate in the program shall not for any reason talk\n\n                                  or express anything in favour of organizations banned by\n\n                                  Government of India. They should also not indulge in any act\n\n                                  disturbing the sovereignty and integrity of our country.iii. The program should be conducted without causing any hindrance\n\n                                  to public or traffic.iv. The participants shall not bring any stick, lathi or weapon that may\n\n                                  cause injury to any one.v. The organizer(s) shall make adequate arrangements for drinking\n\n                                  water and proper First Aid/Ambulance/Mobile Toilets/CCTV\n\n                                  Cameras/Fire Fighting equipments etc., in consultation with the\n\n                                  Police/Civic/Local Bodies as directed by the police.vi. The procession shall proceed in any orderly manner along the\n\n\nhttps://www.mhc.tn.gov.in/judisPage 22 of 26W.P.Nos.24540 of 2022 etc.\n\n                                  sanctioned route keeping to the left and shall not halt on the way\n\n                                  or cause impediment to the normal flow of traffic. The procession\n\n                                  shall occupy only one-fourth of the road.vii.The organizer(s) shall keep sufficient volunteers to help the police\n\n                                  for regulation of traffic and the participants.viii.The organizer(s) of procession/rally shall be responsible for\n\n                                  ensuring that the route permitted to them by the Police Authorities\n\n                                  is strictly followed.ix. Only box type speakers should be used and output of the speakers\n\n                                  should not exceed 15 watts ad within a radius of 30 meters only.Cone Speakers should not be used at any cost.x. In the procession, the processionists shall not any manner offend\n\n                                  the sentiments of any religious, linguistics, cultural and other\n\n                                  groups.xi. An undertaking to reimburse the cost for any damage that may\n\n                                  occur enroute to any public/private property and an undertaking to\n\n                                  bear the compensation/replacement costs as well, if are to be\n\n                                  awarded to any other institution/person, who may apply for the\n\n                                  same.https://www.mhc.tn.gov.in/judisPage 23 of 26W.P.Nos.24540 of 2022 etc.\n\n                           xii.If there is violation of any one of the conditions imposed, the\n\n                                  concerned police officer is at liberty to take necessary action, as\n\n                                  per law12.   With the above directions, all the Writ petitions are disposed\n\n                     of. Consequently, connected miscellaneous petitions are closed. There\n\n                     shall be no order as to costs.22.09.2022\n                                                                                               (1/3)\n\n                     Internet: Yes\n                     Index : Yes/No\n                     Speaking/Non Speaking order\n\n                     rts\n\n                     Note: Issue order copy on or\n                           before 26.09.2022\n\n\n\n\nhttps://www.mhc.tn.gov.in/judisPage 24 of 26W.P.Nos.24540 of 2022 etc.\n\n\n\n\n                     To1. The Secretary,\n                        State of Tamil Nadu,\n                        Home Department,\n                        Fort St. George,\n                        Chennai – 600 009.2. The Director General of Police,\n                        Post Box No.601,\n                        Dr.Radhakrishnan Salai,\n                        Mylapore, Chennai – 600 004.3. The Superintendent of Police,\n                        Cuddalore District,\n                        Cuddalore – 607 001.4. The Inspector of Police,\n                        Cuddalore New Town Police Station,\n                        Cuddalore – 607 001.5. The Public prosecutor,\n                        Madras High Court,\n                        Chennai.https://www.mhc.tn.gov.in/judisPage 25 of 26W.P.Nos.24540 of 2022 etc.\n\n\n\n                                     G.K.ILANTHIRAIYAN. J,\n\n                                                                  rts\n\n\n\n\n                                     W.P.No.24540 of 2022 etc.,\n\n\n\n\n                                                       22.09.2022\n                                                           (1/3)\n\n\n\nhttps://www.mhc.tn.gov.in/judisPage 26 of 26