Madrasreserved High Court · 2025

W.P.No.43333 of 2025 etc.Vs1. The State of Tamil Nadu Rep by the Home Secretary, Department of Home, Secretariat, St. George Fort, Chennai-600 009. 2. The Director General of Police O/o. Director General of Police, Kamaraj Salai, Mylapore, Chennai-600 004.3. The Principal Secretary Municipal Administration and Water Supply Department, Secretariat, St. George Fort, Chennai – 600 009.4. The Principal Secretary Revenue and Disaster Management Department, Secretariat, St. George Fort, Chennai-600 009.5. The Principal Secretary Rural Development and Panchayat Raj Department, Secretariat, St. George Fort, Chennai-600 009.Respondent(s)W.P.(MD) No.28984 of 2025:R.PrakashS/o.P.Ramalingam, 50 Kamaraj Road, Srinivasapuram, Thanjavur- 613 009.Petitioner(s)______________Page 3 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.Vs1. The Chief Secretary to the Government Government of Tamil Nadu, Fort St. George, Chennai-600 009.2. The Secretary to the Government Revenue and Disaster Management Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.3. The Secretary to the Government Public Health and Family Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.4. The Secretary to the Government Home Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.5. The Director General of Police Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.Respondent(s)PRAYER in W.P.No.43333 of 2025 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to forthwith instruct all subordinate police officials throughout the State of Tamilnadu to consider and grant necessary permissions to the petitioner party for conducting political campaigns led by its party leader, Vijay, across the State of Tamilnadu between 20.09.2025 to 20.12.2025 on the basis of the petitioner’s political party representation dated 09.09.2025 by the consideration of the representation of the petitioner dated 15.09.2025 in a fair, uniform and non-discriminatory manner, within a time frame fixed by this Court and in accordance with law.______________Page 4 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.PRAYER in W.P.(MD) No.28971 of 2025: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to frame stringent guidelines of Standard Operating Procedures for the regulation of irrespective of all the Political Party’s Rallies, Road Shows, Conferences and other ill managed mass gatherings across the State of Tamil Nadu for impose reasonable regulation in order to assure the safety and convenience of the people and also restraining and regulating mass crowed gatherings within 5 KM distance from Narrow streets, congested Residential Areas, close proximity to Hospitals, educational Institutions and place of worship and prominent people gathering areas provided permission grant in faraway from all the district Border / Frontiers with basic amenities of drinking water, medical emerging arrangements and fire safety precautions and CCTV and Drone surveillance and proper accommodation for the large event by considering the petitioners representation dated 30.09.2025 and 03.10.2025 within time stipulated by this court.PRAYER in W.P.(MD) No.28984 of 2025: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus Directing the respondents to frame Separate Rules and guidelines for granting permission for political rallies, meetings, processions and propaganda events in Tamil Nadu, ensuring Public safety, free movement of citizens, and accountability of organizers, based on petitioners representation dated 28.09.2025 and consequently direct the respondents to strictly prohibit erection of unauthorized flex boards, digital hoardings, wall posters, flags and banners, wall advertisement in public places during political campaigns in line and to fix responsibility on the organizing political party for any damage, injury or loss of life caused during such political rallies.Case Nos.Petitioner’s CounselRespondents’ CounselW.P.No.43333 OF 2025MR.P.V.BALASUBRAMANIAMSENIOR COUNSELFOR MR.S.ARIVAZHAGANMR.J.RAVINDRANADDITIONAL ADVOCATE GENERAL ASSISTED BY MR.R.MUNIYAPPARAJADDITIONAL PUBLIC PROSECUTOR______________Page 5 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.Case Nos.Petitioner’s CounselRespondents’ CounselFOR R1ANDMR.M.HABEEB RAHMANGOVERNMENT ADVOCATE FOR R2 AND R3.MR.A.P.SURYA PRAKASAMFOR R4.MR.VIJAY NARAYANSENIOR COUNSELFORMR.K.GOWTHAM KUMARFOR R5.W.P.(MD).No.28971 OF 2025MR.I.PINAYGASHMR.J.RAVINDRANADDITIONAL ADVOCATE GENERAL ASSISTED BY MR.M.HABEEB RAHMANGOVERNMENT ADVOCATE FOR R1, R3 TO R5AND MR.R.MUNIYAPPARAJADDITIONAL PUBLIC PROSECUTORFOR R2.W.P.(MD).No.28984 OF 2025MR.R.PRAKASH (PARTY IN PERSON)MR.J.RAVINDRANADDITIONAL ADVOCATE GENERALASSISTED BYMR.M.HABEEB RAHMANGOVERNMENT ADVOCATEFOR R1 TO R4AND MR.R.MUNIYAPPARAJADDITIONAL PUBLIC PROSECUTORFOR R5.COMMON ORDERTHE CHIEF JUSTICEThe petitioner in W.P.No.43333 of 2025 filed a petition [W.P.(Crl) No.884 of 2025] seeking issuance of a mandamus, directing the respondent therein to forthwith instruct all subordinate police officials throughout the State of Tamil Nadu to consider and grant ______________Page 6 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.necessary permissions to the petitioner party for conducting political campaigns between 20.09.2025 and 20.12.2025, on the basis of representations made by the petitioner, in a fair, uniform and non-discriminatory manner, within a stipulated time.2. While hearing W.P.(Crl) No.884 of 2025, a learned Single Judge of this Court directed to State Government to come up with guidelines with regard to the collection of security deposit from the political parties who intend to have such huge public meetings, gatherings, demonstrations, etc.3. Later on, the Chief Secretary and Home Secretary, Government of Tamil Nadu, were suo motu directed to be impleaded as party respondents in W.P.(Crl) No.884 of 2025, on the observation that the matter requires guidelines to be formulated and policy decision to be taken by the State Government.4. When things stood thus, an unfortunate incident of stampede took place on 27.9.2025 at Karur, during a political rally ______________Page 7 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.organized by the petitioner party [Tamilaga Vettri Kazhagam], in which many persons died and several others were injured.5. Petitions have been filed before the Madurai Bench of this court seeking issuance of direction to respondents to frame guidelines/Standing Operating Procedure (SOP) for regulation of political party meetings, rallies, road shows, conferences and other ill-managed mass gatherings throughout the State of Tamil Nadu.6. While hearing a batch of petitions, the Hon’ble Supreme Court in Tamilaga Vettri Kazhagam and others v. P.H.Dinesh and others1 was of the view that the issue pertaining to formation of SOP/guidelines for political rallies, which arose for consideration in W.P.(Crl) No.884 of 2025, should be heard by a Division Bench of this Court. Accordingly, W.P.(Crl) No.884 of 2025 was re-registered as W.P.No.43333 of 2025.7. As various petitions were filed seeking issuance of 12025 INSC 1224______________Page 8 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.directions for framing of comprehensive guidelines for SOP to regulate meetings, rallies, road shows, etc., by various political parties across the State, these petitions were heard analogously.8.1. In compliance with the direction of this court, a detailed affidavit has been filed by the State along with draft SOP for regulation and management of public gatherings in Tamil Nadu. The affidavit states that the State Government convened a meeting on 6.11.2025 chaired by Senior Cabinet Ministers and the Chief Secretary to Government with representatives of the political parties recognized by the Election Commission of India and parties having representation in the Parliament and the Legislative Assembly for offering their valuable suggestions and remarks on the proposed draft SOP for regulation and management of public gatherings in Tamil Nadu. The affidavit further states that it was decided to obtain views/inputs of other registered political parties also by writing to them.8.2. The affidavit further states that in the meeting organized ______________Page 9 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.on 6.11.2025, representatives of 20 recognized political parties participated and offered their suggestions on the draft SOP. The political parties were also requested to furnish their inputs in writing on or before 10.11.2025. It is also stated that the contents of the draft SOP were also sent by email to 42 registered political parties in Tamil Nadu and they were also requested to send inputs on draft SOP to the Government on or before 10.11.2025. 8.3. It is averred that, in response, views/inputs from recognized political parties and registered political parties were received and they were examined. 8.4. It is further stated that in compliance with the directions issued by this court from time to time in the present cases, views/inputs furnished by Tamilaga Vettri Kazhagam and Desiya Makkal Sakthi Katchi have also been taken into consideration along with views/inputs received from other political parties.8.5. The affidavit further states that some of the suggestions ______________Page 10 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.made were already incorporated in the draft SOP and few more suggestions of the political parties have been suitably included in the draft SOP.9. Learned counsel appearing for the State would submit that the draft SOP, which has now been prepared by the State, is an outcome of series of discussions with all the stakeholders. He would submit that views/suggestions/inputs of various political parties have been taken into consideration.10. On the other hand, learned Senior Counsel and counsel appearing for the writ petitioners and other political parties submit that though some of their suggestions have been incorporated, many other valuable suggestions have not been considered by the State Government.It is further submitted that though this court thereafter allowed all the parties to submit their objections/suggestions in writing, the same were not accepted by the Government while framing the draft SOP. Those suggestions/inputs have been placed ______________Page 11 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.on record in writing and form part of the records of these cases.11. Having gone through the affidavit filed by the State; the draft SOP and the suggestions/objections which are placed before this court, and after pondering upon the submissions of learned counsel for the respective parties, we are of the view that the State should take a decision, one way or the other, on the suggestions/ objections submitted before this court in writing, after affidavit was filed by the State Government.12. The copies of the suggestions/objections, in writing, submitted after the filing of the affidavit of the State have already been shared with the learned State counsel.13. A decision on the suggestions/objections/views/inputs shall be taken by the Government and the finalized SOP shall be notified as early as possible and in any case not later than 5.1.2026.______________Page 12 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.14. If all the grievances, or any part thereof, still remain unredressed and if any party is aggrieved by any condition imposed, it will be open for it to take appropriate remedy as may be available under the law.These petitions are disposed of accordingly. There shall be no order as to costs. Consequently, interim application stands closed.(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 19.12.2025 Index: Yes/NoNeutral Citation:Yes/NosasiTo:1. The Director General of Police Office of the Director General of Police, Mylapore, Chennai - 600004.2. The Chief Secretary Government of Tamil Nadu, Secretariat, Chennai.______________Page 13 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.3. The Home Secretary Government of Tamil Nadu, Secretariat, Chennai. 4. The President Desiya Makkal Sakthi Katchi, No.21/11, Venkatraman Street, Mint, Chennai - 600001. 5. The Organizing Secretary All India Anna Dravida Munnetra Kazhagam, Having office at Puratchi Thalaivar M.G.R.Maaligai, 226, Avvai Shanmugam Salai, Royapettah, Chennai - 600014. 6. The Principal Secretary Municipal Administration and Water Supply Department, Secretariat, St. George Fort, Chennai – 600 009.7. The Principal Secretary Revenue and Disaster Management Department, Secretariat, St. George Fort, Chennai-600 009.8. The Principal Secretary Rural Development and Panchayat Raj Department, Secretariat, St. George Fort, Chennai-600 009.9. The Secretary to the Government Public Health and Family Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.______________Page 14 of 15 https://www.mhc.tn.gov.in/judis W.P.No.43333 of 2025 etc.THE HON'BLE CHIEF JUSTICE ANDG.ARUL MURUGAN,J.WP No.43333 of 2025and WP(MD) N os .28971 and 28984 of 2025 and WMP(MD) No.22449 of 2025 19.12.2025______________Page 15 of 15