Arappor Iyakkam vs State Of Tamil Nadu & Others

N. Anand Venkatesh, J

This Writ Petition has been filed challenging the rejection order passed by the 2nd respondent denying permission to the petitioner to conduct the hunger strike which was planned to be held on 30.06.2019 between 10.00 a.m. to 05.00 p.m.

The learned counsel for the petitioner submitted that the petitioner is a Non Governmental Organisation, which is involved in various social activiites for the benefit of the general public. The petitioner wanted to conduct hunger strike on 30.06.2019 at Valluvarkottam in order to create an awareness regarding the water scarcity problem that is faced by Tamil Nadu and the various reasons as to why the crisis is getting more acute. The learned counsel for the petitioner submitted that a representation was given to the 2nd respondent on 17.06.2019, after ensuring that no other organisation/group has applied for permission to conduct hunger strike in the same venue.

The 2nd respondent by impugned rejection order dated 20.06.2019 had denied permission to the petitioner association on the ground that another organisation has sought for permission on the very same day and that the protest will unnecessarily cause law and order problem and that during previous occassions, certain speeches delivered during the meeting resulted in a tensed situation and the protest itself is being held to denigrate the present Government. The learned counsel by pointing out to these reasons, submitted that none of these reasons will stand the test of law and by virtue of denial to conduct the hunger strike, the fundamental right of the petitioner for speech and expression guaranteed by the Constitution of India is being denied.

The learned counsel for the petitioner further submitted that even during earlier occassions when the permission was denied by the police, the association had approached this Court and this Court had granted permission to conduct protest at the very same venue. The learned cousel brought to the notice of this Court, the latest order passed by this Court on 02.03.2018 in W.P.No.4487 of 2018.

Mr.Emalias, the learned Additional Advocate General appearing on behalf of the 2nd respondent submitted that the Government does not prevent anyone from expressing their opinions and that the police is more concerned about the fact that by granting permission, it should not unnecessarily result in law and order problem and cause disturbance to the general public. The learned Additional Advocate General further submitted that on the very same day, permission has been granted to another organisation called as "Thamizhar Ilaingnar Katchi" to conduct fasting protest between 02.00 p.m. to 05.00 p.m. The learned Additional Advocate General further submitted that the rejection order contains reasons and therefore this Court should not interfere with the impugned order passed by the 2nd respondent.

This Court has carefully considered the submissions made on either side and also the materials available on records.

This Court is of the considered view that respondents 1 and 3 are not necessary parties in this Writ Petition and hence, their names are deleted.

The petitioner association is a registered Non Governmental Organisation which is involved in various social activities. The petitioner association is known more for the interest taken by them and the awarness created by them with regard to the preservation of various water bodies in and around Tamil Nadu. It is also seen that the petitioner had approached this Court on earlier occassions and had sought for similar reliefs and this Court had also granted permission.

The issue that is sought to be projected during protest is a burning issue about which the people must be made aware. The Government of Tamil Nadu is taking all its efforts to ensure that water is supplied to the nook and corner of the City. However, it is important to realise as to why we have reached the present state of affairs as a result of various water bodies that were allowed to be encroached in the past and virtually destroying the eco system. As a result, the City is not in a position even to store water even, when there is rain. This issue requires serious consideration and awareness must be spread all over the State. The petitioner organisation is one of the pioneers in spreading this awareness. These are issues which any Government in power should never take it as an affront and must make efforts to improve the situation and work along with associations which are interested in the conservation of water bodies in the State. Awareness is the only way through which the situation can be brought under control and therefore protests of this nature should never be stopped.

Eventhough, the 2nd respondent has granted permission to another organisation to conduct a protest on 30.06.2019, the said protest is slated to be held between 02.00 p.m. and 05.00 p.m. Therefore, the petitioner association can be permitted to conduct their fasting protest on 30.06.2019 between 09.00 a.m. and 01.00 p.m. The petitioner association can also be permitted to put up temporary shamiana and use public address system during the protest.

In view of the above, the impugned order passed by the 2nd respondent dated 20.06.2019 is hereby set aside. The 2nd respondent is directed to grant permission and police protection for the fasting protest to be conducted by the petitioner association on 30.06.2019 from 09.00 a.m. to 01.00 p.m. at Valluvarkottam, Nungambakkam, Chennai. It is left open to the 2nd respondent to impose reasonable conditions in order to ensure that the protest goes on peacefully without giving rise to any law and order problem. It is also made clear that the petitioner association will ensure that the venue is cleared by 01.30 p.m., so that the next protest which is going to be held at 02.00 p.m., goes on peacefully.

In the result this Writ Petition is allowed with the above directions. No Costs.