MADURAI: Observing that private interest must give way to the larger public interest in a democracy, the Madurai Bench of Madras High Court refused to allow a plea by a restaurant owner seeking direction to the police not to grant permission for public meetings and protests in front of his restaurant in Tenkasi.
The court however directed the authorities to ensure that the entry and exit to the restaurant is not completely blocked during the events and the petitioner’s business functioned in a peaceful manner. In case of any violations in future, the petitioner may approach the court or the authorities concerned, it added.
Justice D Bharatha Chakravarthy passed the order while hearing a petition filed by R Muthuraja, who is running a restaurant near Sankarankoil in Tenkasi.
Muthuraja alleged that the authorities were frequently granting permissions for demonstrations and other public meetings in the vicinity of his restaurant. The persons obtaining such permission completely block the entry and exit to his establishment and also use high decibel loudspeakers, thereby seriously interfering with his right to carry on business in a peaceful manner. Sometimes, protests are also conducted without obtaining proper permission, he further added.
However, the government counsel clarified that the district collector, along with the competent authorities, identified the above site as suitable for conducting public meetings, protests, etc. “The said place has been used for such purposes for several years. Even the Father of the Nation, Gandhiji, had conducted protests at this place,” he added.
Justice Chakravarthy observed, “In a democracy, it is essential to have designated places for conducting public meetings, protests, etc., so as to enable people to ventilate their grievances in a public manner. When such public interest comes into conflict with the petitioner’s private interest, to a certain extent, the petitioner’s private interest must give way to the larger public interest.”
