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R.C.PAUL KANAGARAJ. T. ANTO CHRISBEEN JENITHA filed kovai bjp case in mhc judge granted permission

by Sekar Reporter · March 15, 2024

R.C.PAUL KANAGARAJ
T. ANTO CHRISBEEN JENITHA (

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2024
Mr. J. Ramesh Kumar,
BJP District President,
Coimbatore Managar,
Having his office at
No.17, VKK Menon Road,
Sidhapudur, Coimbatore
Tamil Nadu-641044
…Petitioner
-Vs-

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents
AFFIDAVIT

I, Thiru. Ramesh Kumar, aged about years, BJP, District President, having his office at No.17, VKK Menon Road,, Kamalapuram Post, Sindhakanavai, Thottithoraimottur, Kamalapuram, Vellore, Tamil Nadu 635 810, having come down to Chennai do hereby solemnly affirm and sincerely state as follows:

I am the Petitioner herein and as such I am well acquainted with the facts of the case.
I sincerely submit that the present writ petition is being filed for issuance of a writ of Certiorarified mandamus to quash the order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent declining permission to the Petitioner to conduct Road Show in Mettupalaam Road, Coimbatore and to provide adequate police protection on 18.03.2024 starting 4 PM for a distance of 4 kilo meters.
I submit that I am the District President for BJP Party for Coimbatore District having office at the above said address. I beg to submit that I have been serving the public in my district for the past 40 years and I state that I am a bona fide citizen of India. I submit that the Honorable Prime Minister of India Shri Narendra Modi is scheduled to visit Coimbatore on 18.03.2024 for meeting the people of Coimbatore.
I sincerely submit that I have applied for permission with the second respondent on 14.03.2024 to permit me to conduct a road show for a span of four kilometers Via Mettupalayam Road, Coimbatore for the purpose of enabling people to meet our Prime Minister. The said road show was to sensitize the people of Coimbatore, about various PM welfare schemes and urge them to avail all such schemes through Direct Benefit Transfer (DBT) without any interference of touts and also promote the habit of saying no to drugs keeping in perspective the recent incidents of hazardous drug trafficking in Tamil Nadu.
I beg to submit that the said application was rejected by the Second Respondent arbitrarily vide order made in C. No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024. The reasons found in the order was that by stating that in view of the maintenance of law and order and the likely hood of there being a breach of peace and disturbance to public tranquility in Coimbatore in the event of conducting such road show and also in view of the security threats as if it prevails. I beg to submit that the above order is arbitrary and in contra to the fundamental rights guaranteed under Article 19 of the Constitution of India.
I beg to submit that the restrictions stated in the refusal are not at all reasonable and despite my willingness to abide by any conditions there in imposed to conduct the road show has been completely overlooked by the Second Respondent for political reasons. The Second Respondent has advised me to reach out to the Chief Minister for such permission since he has been under tremendous pressure to stall this road show with the ensuing elections in fray.
I submit that the road show is only scheduled to be conducted after office hours and that too in a spacious road which also has lot of nearby by pass roads facilitating smooth traffic flow. It is therefore the only unreasonable apprehension of the Second Respondent to state as if there will be public disturbance. Moreover there is no incident so far in the history of BJP rallies distorting public order.
I beg to submit that all such rallies and road shows and public meeting conducted by the BJP party is followed through with the action of Swatch Bharat which means that the party members will responsibly perform the sanitation initiative by picking up the broom to clean the dirt and waste. Therefore I submit that the road show will also ensure cleanliness and environmental protection post the conduct of the road show.
In such circumstances, I pray this Honorable Court to call for the records and quash the order passed by the Second Respondent and permit me to conduct the road show on 18.03.2024 in a peaceful manner with adequate police protection.

GROUNDS

a) Assert that the denial of permission and protection by the police officials infringes upon the fundamental rights as guaranteed by the constitution. Emphasize the right to freedom of speech and expression, the right to assemble peacefully and the right to personal security.

b) Tamil Selvan vs Superintendent of police and another, in the said citation the Petitioner was granted permission with conditions to be complied.

c) The Honorable Supreme Court in S.Rangarajan VS P.Jagjivan Ram 1989 (2) SCC 574] had upheld that the freedom of speech under article 19 (1)(a) includes right to expression includes word of mouth printing, pictures, posters and in any manner through any medium. Therefore the Respondents cannot suppress such rights to be enjoyed by the citizen of India.

d) The Respondent Police has no power to prohibit the Petitioner from conducting such road show with imaginary reasons and the order restricting the Petitioner is therefore arbitrary.

e) The rights conferred under Article 19 of the Constitution of India are precious rights and are not to be lightly breached or restricted by the state or any functionary of the state as held in P.Nedumaran VS State of Tamil Nadu and others [ 1999 (1) LW (CRL) 73].

I submit that the Petitioner has not filed any other writ petition for the same or identical relief and no such petition is pending in any other Court or Tribunal.
I respectfully submit that the Petitioner is a Socially interested public welfare minded person having intent to enable the people of Coimbaotre to avail Prime Minister benefits schemes through Direct Benefit Transfer without interference of any touts. Unless and otherwise this Hon’ble Court permits the same, the petitioner will be put to grave prejudice and undue hardship. I submit that I am not able produce the true copy of the order passed by the Second Respondent due to the logistic reasons and urgency. It is therefore prayed that this Honorable court may be pleased to dispense with the production of the true copy of the order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent and thus render justice.

It is therefore prayed that this Hon’ble Court may be pleased to issue a writ of Certiorarified mandamus to quash the order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent declining permission to the Petitioner to conduct Road Show in Mettupalaam Road, Coimbatore and to provide adequate police protection on 18.03.2024 starting 4 PM for a distance of 4 kilo meters and thus render justice.

Solemnly affirmed at Chennai BEFORE ME
On this the day of March, 2024
And signed his name in my presence ADVOCATE, CHENNAI

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2024

Mr. J. Ramesh Kumar,
BJP District President,
Coimbatore Managar,
Having his office at
No.17, VKK Menon Road,
Sidhapudur, Coimbatore
Tamil Nadu-641044
…Petitioner
-Vs-

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents

WRIT PETITION

The address for service on the Petitioner is that of his counsel M/s. D.Alexis Sudhakar, T. Anto Chrisbeen Jenitha, S. Sirgeth Naina Mohamed, K.Sankar and K. Raghunath, A. Panneer selvam and G. Chanthiraganth having their office at No.14, First Floor, A.K Nayak Bavan, Jahangir street, 2nd lane Beach Road, Parrys, Chennai 600 001.

The address for service on the Respondents for all notices and process are as stated above.

For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a writ of Certiorarified mandamus to quash the order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent declining permission to the Petitioner to conduct Road Show in Mettupalaam Road, Coimbatore and to provide adequate police protection on 18.03.2024 starting 4 PM for a distance of 4 kilo meters. and thus render justice.

Dated at Chennai on this day of March, 2024.

                                                             COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2024

Mr. J. Ramesh Kumar,
BJP District President,
Coimbatore Managar,
Having his office at
No.17, VKK Menon Road,
Sidhapudur, Coimbatore
Tamil Nadu-641044
…Petitioner
-Vs-

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents

DISPENSE WITH PETITON

              For the reasons stated in accompanying affidavit, it is therefore prayed that this Honorable court may be pleased to dispense with the production of the true copy of the order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent and thus render justice.

Dated at Chennai on this day of March, 2024.

                                                             COUNSEL FOR THE PETITIONER

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents

PAPER BOOK, WRIT PETITION AND TYPED SET OF PAPERS

S.No. DATE
DESCRIPTION PAGE NO.

Dates & Events
Synopsis
Coding sheet
Court fee
Writ Petition
Dispense with Petition
Common Affidavit
Impugned order
TYPED SET OF PAPERS
14.03.2024 Permission Letter given by the Petitioner
14.03.2024 Order passed by the Second Respondent
Vakalat
Batta

Certified that the above copies are the true to the respective originals

Dated at Chennai on this the day of March, 2024

                                                             COUNSEL FOR THE PETITIONER

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents

SYNOPSIS

The Petitioner sincerely submits that the present writ petition is being filed for issuance of a writ of Certiorarified mandamus to quash the order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent declining permission to the Petitioner to conduct Road Show in Mettupalaam Road, Coimbatore and to provide adequate police protection on 18.03.2024 starting 4 PM for a distance of 4 kilo meters.
The Petitioner states that he is the District President for BJP Party for Coimbatore District having office at the above said address. The Petitioner further states that he has been serving the public in his district for the past 40 years and state that he is a bona fide citizen of India. The Petitioner states that the Honorable Prime Minister of India Shri Narendra Modi is scheduled to visit Coimbatore on 18.03.2024 for meeting the people of Coimbatore. Due to the visit of the Prime Minister in Coimbatore, the Petitioner made a permission letter to conduct a road show and the same was rejected by the Second Respondent aggrieved by this the Petitioner has filed this present Writ Petition. Dated at Chennai on this the day of March, 2024 COUNSEL FOR THE PETITIONER

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents
DATES AND EVENTS
Sl.No. DATES EVENTS
14.03.2024 The Petitioner gave a letter to permit to conduct the road show during the Prime Minister’s Visit dated 18.03.2024 in Coimbatore.
14.03.2024 The order made in C.No. 13/Ka/OO/AA/ RS Puram Range /2024 dated14.03.2024 passed by the Second Respondent declining permission to the Petitioner to conduct Road Show in Mettupalaam Road, Coimbatore.

Dated at Chennai on this the day of March, 2024

                                                             COUNSEL FOR THE PETITIONER

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2024

The Commissioner of Police,
Coimbatore,
Coimbatore District.
The Assistant Commissioner,
R.S. Puram Range,
Coimbatore District. …Respondents BATTA Rs.150/-

Dated at Chennai on this the day of March, 2024

                                                             COUNSEL FOR THE PETITIONER

DISTRICT; COIMBATORE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No. of 2024

COMMON AFFIDAVIT