M.Kuppa Naidu, Member Of v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.03.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No.15601 of 2017 M.Kuppa Naidu .. Petitioner Vs The State by
1. The District Collector, Thiruvallur.
2. The Revenue Divisional Officer, Tiruttani, Thiruvallur District.
3. The Tahsildhar, Tiruttani, Thiruvallur District.
4. The Inspector, Tiruttani Police Station, Thiruvallur District.
5. Anandan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records of the Impugned order in Na.KaNo.882/2017/A 1, dated 05.06.2017 from the second respondent and quash the same and direct the fourth respondent to ensure protection to the Gangai Amman Koil Festival at Mambakkam Village, Tiruttani Taluk, Thiruvallur District on 25.06.2017 to 27.06.2017. For Petitioner : Mr.C.Chokkalingam For Respondents: Mr.D.Raja Additional Government Pleader for R1 to R4 Mr.M.A.R.Pragash for R5
O R D E R
The prayer sought for in the present petition is call for the records of the Impugned order in Na.KaNo.882/2017/A 1, dated
05.06.2017 from the second respondent and quash the same and direct the fourth respondent to ensure protection to the Gangai Amman Koil Festival at Mambakkam Village, Tiruttani Taluk, Thiruvallur District on 25.06.2017 to 27.06.2017.
2. It is seen from the impugned order dated 05.06.2017 that the second respondent herein was of the view that since there was a group clash between two groups belonging to Kavarai Naidu Community and Yadava Community during the Vinayakar Chadurthi Festival in the year 2016, both the communities presence should be refrained from conducting the festival till there is an amicable solution to the disputes between them.
3. Today when the matter was called, the learned Government Advocate (Crl. Side) by relying on the counter affidavit filed by the second respondent herein submit in that in respect of the communal clash between two groups to celebrate the Vinayakar Chadurthi Festival in the year 2015, the second respondent had already conducted a peace committee meeting on 05.06.2017 and in order to ensure the public tranquility in the villages as well as the communal disparity prevailing between the groups for the past 3 to 4 years, it would be appropriate to take a decision after holding a meeting between both the groups. After hearing learned counsel appearing on behalf of the petitioner and the fifth respondent, this Court is of the view that, there is no consensus among them to either conduct the festival together or separately.
It is seen that the earlier peace committee was held on 05.06.2017. However, the learned counsel for the petitioner submitted that he is willing to undertake that, if permission is granted to permit the meeting peacefully, they would maintain peace during such conduct of the festival.
4. The learned counsel for the fifth respondent on the other hand objected to the said submissions made by the learned counsel for the petitioner and submitted that the festival should be conducted by both the community together. In view of the submissions made and also taking into account that the peace committee meeting held on 05.06.2017, this Court of the view that in order to revive an amicable relationship between these two groups, it would be appropriate to direct for another peace committee meeting between these two groups by the second respondent.
5. In view of the same, the Writ Petition stands ordered with the direction to the second respondent to conduct a peace committee meeting by inviting the representatives of both the two community groups in the Mambakkam Village and after hearing both the representatives, the second respondent shall endeavour to arrive at a decision after giving due opportunities to both
the communities. Such an exercise shall be completed within a period of one month from the date of receipt of a copy of this order.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar dh To
1. The District Collector, Thiruvallur.
2. The Revenue Divisional Officer, Tiruttani, Thiruvallur District.
3. The Tahsildhar, Tiruttani, Thiruvallur District.
4. The Inspector, Tiruttani Police Station, Thiruvallur District.
+ 1 cc to Mr.C.Chokkalingam Advocate,SR.16612 + 2 cc to Mr.M.A.R.Pragash Advocate,SR.17560,16730 + 1 cc to The Govt.Pleader, SR.18176 WP.No.15601 of 2017 nr 03/04/2018