Justice M Duraiswamy, while disposing a plea moved in this regard, said, “Admittedly, there was no case registered against Stalin so far while inspecting water bodies and tanks. That being the case, preventing him from visiting Kacharayan Tank in Konganapuram is against the provisions of Article 19 of the Constitution of India.
If he is prevented from visiting the said place without assigning any legal and valid reasons, it affects the personal liberty of the individual, which cannot be permitted by the court of law.”
The judge, on pointing out that even assuming that the state government is desilting the water bodies and the tanks, a person cannot be prevented from visiting or inspecting the said water bodies, said, “When the government says that the Opposition Leader can visit any place in the state, except Konganapuram, it only proves the mala fide intention of both the Salem District Collector and Superintendent of Police in not permitting him to visit Konganapuram, which is not a prohibited area.” However, the judge held that since the state has submitted that if Stalin inspects water bodies and tanks, it would create law and order problem, the number of persons accompanying him, can be restricted to 25 persons.
Also, pointing out that it’s the duty of the concerned Collector and SP to give sufficient police protection to maintain law and order at the time of inspection also directed Stalin to send a written communication to the respective District officials at least two days prior to his visit.