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Judgment
Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondent. Heard the counsel on either side and perused the records.
The petitioner is a member of the Advocate Association from Rameswaram and is practising as an Advocate at the District Munsif cum Magistrate Court, Rameswaram. The present petition has been filed seeking a direction to the 3rd respondent, namely, the Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District, to grant permission and provide adequate police protection to conduct a protest/demonstration at Rameswaram Bus Stand, scheduled to be held on 09.09.2026 at about 11.00 a.m., against the third respondent, based on the representation dated 01.09.2026. Since the 3rd respondent did not consider the said representation and pass any order, the present writ petition has been filed.
The learned Government Advocate (Crl. Side) submitted that, due to the observance of Immanuel Sekaran Memorial Day and Devar Jayanthi Day, which fall on 11.09.2026 and 30.10.2026 respectively, the Executive Magistrate, Ramanathapuram District, has passed an order under Section 144 of the Cr.P.C./Section 163 of the BNSS, and the said order is in force upto 31.10.2026. Since the order under Section 144 of the Cr.P.C./Section 163 of the BNSS is still in force, the request of the petitioner cannot be considered by the police authorities.
The learned Counsel for the petitioner submitted that, even though an order under Section 144 of the Cr.P.C./Section 163 of the BNSS, is in force in the said area, regular processions, temple festivals, religious events and other public events are being permitted and conducted. Therefore, there is no impediment to permitting the petitioner to conduct the demonstration at the Bus Stand.
In any event, taking note of the factual aspects as stated in the affidavit and after hearing both sides, the request of the petitioner has become infructuous, since the time is now at 11.30 a.m. Therefore, without going into the merits of the case, the petitioner is directed to make a fresh representation to the respondents herein at the earliest. Since the proposed demonstration is against the 3rd respondent, the 2nd respondent is directed to consider the representation, if any, submitted by the petitioner, and dispose of the same in accordance with law within a period of one week thereafter. The petitioner may be advised to fix the date of demonstration after 10 to 15 days from today, which would enable the 2nd respondent to consider the application/representation and pass appropriate orders.
With the above directions, this writ petition is disposed of.