- (1.)The prayer in the writ petition is to issue a writ of mandamus directing the respondents not to interfere with the petitioner's fundamental rights and direct to permit the petitioner to conduct public meeting on 12.2.2010 at Muthurangan Salai, T.Nagar, Chennai-600017 and further direct to pay to the petitioner the actual damages of Rs.1,00,000/- and award exemplary cost.
(2.)The case of the petitioner is that the permission given to conduct public meetings on 5.1.2010 regarding the assassination of Sri.Rajiv Gandhi and wrongful blame cast on the Tamils and expose the real culprit was cancelled by the second respondent at 12.00 noon on the same day. On 25.12.2009, the petitioner applied for such permission setting out the venue, the list of speakers and permission was granted on 31.12.2009. It is alleged in the affidavit that on earlier occasions, the petitioner and similarly placed persons conducted similar meetings. Due to the cancellation order passed by the second respondent at the last moment, petitioner incurred an expense of Rs.1.00 lakh as speakers have arrived from Bangalore, Trichy, Cuddalore, Ramanathapuram, Villupuram, etc., and for making arrangement for the said meeting. Hence a compensation of Rs.1.00 lakh towards loss sustained by the petitioner in making arrangement for the meeting is prayed for.
(3.)The writ petition was filed on 9.1.2010. On 29.1.2010 an interim order was passed by this Court by recording the statement made by the Additional Government Pleader stating that for the meeting to be held on 12.2.2010, orders would be passed on 29.1.2010 itself and the same will be served on the petitioner. Thereafter the case was adjourned to 2.2.2010. However, permission was not granted to conduct the meeting on 12.2.2010. Thereafter, the petitioner sought for permission to conduct a meeting on 22.3.2010 from 6.00 p.m. to 10.30 p.m. and by order dated 7.3.2010, this Court directed the second respondent to consider the request seeking permission to conduct meeting on 22.3.2010 based on the application submitted on 18.3.2010. On 18.3.2010, the second respondent granted permission to conduct meeting with 14 conditions, pursuant to which the meeting was conducted by the petitioner on 22.3.2010 and therefore the first limb of the prayer seeking permission to conduct public meeting at Muthurangam Salai, T.Nagar, Chennai-600017, no longer survives. The learned counsel for the petitioner argued that the second limb of the prayer seeking compensation of Rs.1.00 lakh towards loss and damages for the last minute cancellation of meeting proposed to be held on 5.1.2010 has to be decided in this writ petition and proper compensation has to be ordered by this Court.