Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section of 30(2) of TN City Police Act, 1888
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section of 30(2) of TN City Police Act, 1888
To access the original judgment, please Sign In or Subscribe.

    Kowsalya v. The State rep by

    IN THE HIGH COURT OF JUDICATURE AT MADRAS

    DATED: 10.03.2023

    CORAM:

    THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

    Kowsalya ... Petitioner Vs

    The State rep by The Deputy Superintendent of Police, Udulamaipet Sub Division, Tiruppur District. ... Respondent

    PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the order passed by the respondent bearing number Na.Ka.En.53/SDOU/Mike Permission/2023 dated 08.03.2023 and to quash the same as illegal and consequently direct the respondent to grant permission to hold public meeting on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop pursuant to my representation dated

    15.02.2023.

    For Petitioner : Mr.N.G.R.Prasad for Mr.R.Thirumoorthy

    For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

    Page 1 of 5

    O R D E R

    The Writ Petition has been filed to call for records pertaining to the order passed by the respondent bearing number Na.Ka.En.53/SDOU/Mike Permission/2023 dated 08.03.2023 and to quash the same as illegal and consequently direct the respondent to grant permission to hold public meeting on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop pursuant to the petitioner's representation dated 15.02.2023.

    2. Learned counsel for the petitioner submitted that petitioner is the founder of Sankar Social Justice Trust. She belongs to Most Backward Community and she married Sankar, who belonged to Scheduled Caste. On account of this inter-caste marriage, caste fanatics assaulted Sankar with deadly weapons on 13.03.2016 at the instigation of her parents and he was killed. On the second year death anniversary of Sankar, petitioner started this trust for creating awareness of inter-caste marriage and for promoting the same in the society in order to achieve casteless society. She submitted a representation dated 15.02.2023 seeking permission to conduct 7thmemorial meeting in honour of deceased Sankar and promote inter caste marriage. However that representation was rejected by the respondent in proceedings

    Page 2 of 5

    bearing Na.Ka.No.53/SDOU/Mike Permission/2023 dated 08.03.2023. Challenging this proceedings, this petition is filed.

    3. Learned Government Advocate (Crl.side) opposed this petition on the ground that, if the proposed meeting is permitted, there is a possibility of law and order issue coming up. There is a ban against meeting and other assembly passed under Section of 30(2) of TN City Police Act, 1888 from 01.03.2023 to 15.03.2023. He further submitted that the brother of the deceased and more than 550 villagers are opposing this meeting. Thus, he prays for dismissal of this petition.

    4. Considered the rival submissions and perused the records. The offence of honour killing takes place every now and then. It is not as though there is no honour killing takes place in Tamil Nadu and it is totally eradicated. It is not in dispute that petitioner is a victim to honour killing, that her husband was murdered for the reason that he belongs to Scheduled Caste and petitioner belongs to Most Backward Caste. Now, the scope of starting Sankar Social Justice Trust and for organizing present meeting is to disseminate information against honour killing and also to promote inter- caste marriage. It is a laudable object and we cannot prevent/prohibit the meeting to be organized by Sankar Social Justice Trust on 12.03.2023 at 5

    Page 3 of 5

    P.M. at the venue nearby Kumaralingam Bus Stop, for the above said reasons.

    5. In this view of the matter, order dated 08.03.2023 passed by the respondent bearing Na.Ka.No.53/SDOU/MIKE Permission/2023 is set aside and the respondent is directed to give permission for conducting the meeting on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop by imposing necessary and appropriate conditions, that are usually imposed.

    6. Accordingly, this Writ Petition is disposed of. No costs.

    10.03.2023

    Index :Yes/No Internet:Yes/No mpl

    Note: Issue order copy by today (10.03.2023)

    To 1.The Deputy Superintendent of Police, Udulamaipet Sub Division,

    Tiruppur District.

    2.The Public Prosecutor,

    High Court of Madras.

    Page 4 of 5

    G.CHANDRASEKHARAN, J.

    mpl

    10.03.2023

    Page 5 of 5

    Use AI to get other relevant cases.

    Comments

    Kowsalya v. The State rep by
    (Mar 10, 2023)