C. Eraniappan vs The Superintendent of Police, Kancheepuram District and Others

M.M. Sundresh, J.—The petitioner made a request seeking permission to have continuous fasting at Mambakkam Koot Road. The fasting was meant to show the protest against the management, which is said to have taken vindictive action against the workers by removing them indiscriminately. By the order dated 20.08.2015, the request was rejected by the respondent No. 3, on the ground that Section 30[2] of the Tamil Nadu Police Act is in force and it leads to traffic congestion. Challenging which, this Writ Petition has been filed.

The learned counsel appearing for the petitioner submitted that Section 30[2] of the Tamil Nadu Police Act is regulatory and the petitioner is willing to show the protest in an unobjectionable place.

The learned Additional Government Pleader submitted that as the place chosen is situated in a congested area, one day permission can be given and not beyond the same.

Considering the submissions made, this Court is of the view that, there cannot be any difficulty for the respondent to give permission in an unobjectionable place to be chosen by him. What the petitioner wants is to show his protest against the alleged vindictive action on the part of the management. Section 30[2] of the Tamil Nadu Police Act is regulatory. Even, if in a case there is likelihood of some trouble, then the respondent can impose appropriate condition. Accordingly, the Writ Petition is disposed of, by directing the respondent No. 2 to give permission to the petitioner to undertake continuous fasting in an unobjectionable place from the point of the respondent No. 2, within a period of one week, from the date of receipt of a copy of this order. Thereafter, the respondent No. 2 shall pass appropriate orders. It is made clear that the respondent No. 2 can reject the choices of place given by the petitioner and choose any other place. Considering the facts and circumstances of the case, the respondent No. 2 can also impose any other conditions. No costs. Consequently, connected Miscellaneous Petition is closed.