Private interest must yield to public good, says HC

Madurai: Observing that private interest must give way to larger public interest in a democracy, the Madras high court refused to restrain authorities from granting permission for public meetings and protests near a restaurant in Tenkasi district.

The court was hearing a petition filed by R Muthuraja, who sought a direction to the police and district authorities not to permit public gatherings in front of his restaurant on the Sankarankovil-Rajapalayam Main Road.

The petitioner contended that protests and public meetings frequently held near the restaurant blocked access to the establishment and disrupted business operations. He also alleged that organisers used high-decibel loudspeakers and, in several instances, conducted protests without obtaining proper permission.

Opposing the plea, a special government pleader submitted that the site had been identified by the district collector and other competent authorities as a designated place for public meetings and protests. The location had been used for such purposes for several years due to the availability of adequate space and other requirements, the government said.

The government further assured the court that action would be taken if any meeting was conducted without proper permission.

Justice D Bharatha Chakravarthy observed that designated spaces for protests and public meetings were essential in a democracy to enable people to voice their grievances. “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. Democracy forms part of the basic structure of our Constitution,” the judge observed.

At the same time, the court directed authorities to ensure that access to the petitioner’s restaurant was not completely blocked while granting permission for meetings and that the business was allowed to function peacefully.

Holding that the petitioner’s request could not be accepted, the judge disposed of the petition.