B.Varadharaj v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.25507 of 2021 and Crl.M.P.No.14169 of 2021 B.Varadharaj ... Petitioner
Versus
1.The District Collector Salem Salem District.
2.The Tahsildar Taluk Office Gangavalli Taluk & Post Salem District.
3.The Inspector of Police Gangavalli Police Station Salem District.
4.Ganesan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to consider the petitioner's representation dated 18.12.2021 to hold on peace committee meeting to solve the Erection of BR.Dr.Ambedkar Statue at Othiyathur Village Gangavalli Taluk, Salem District, to secure ends of justice.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raji Thilak R1 to R3 Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to consider the petitioner's representation dated 18.12.2021 to hold on peace committee meeting to solve the problem regarding erection of BR.Dr.Ambedkar Statue at Othiyathur Village Gangavalli Taluk, Salem District, to secure ends of justice.
2. The grievance of the petitioner is that the petitioner belongs to Hindu Adhitravitar Community and living in Odhiyathur Village. There are about 700 Adhitravitar Peoples, who are all agriculture coolies. They installed a statue of Dr.Babasahep Ambedkar in sitting posture and there are already statues of RajivGandhi and Kamarajar in standing posture. Hence, there is an objection for the statue of Dr.Babasahep Ambedkar. This being the actual case, but it is projected that the statue of Dr.Ambedkar alone is installed without permission and hence, there is a request for removal of the same. Further it has been projected that the statute is placed after closing a Well.
3. The learned counsel for the petitioner submits that it is a dilapidated well and it is not used by the Panchayatars and hence, the well was closed and now the statue has been installed. Hence, the objection made by the Caste Hindu people is only with regard to the installation of the statue of Dr.Ambedkar. The petitioner has sent a representation to the Collector, Salem and the copies were marked to the Tahsildar and Panchayat President, Othiyathur Village to unveil the statue, but no action has been taken. Hence, the above petition.
4. The learned Additional Public Prosecutor submits that the Villagers without obtaining any permission from the concerned authority installed the statue. Due to their act, there was a situation of Law & Order problem. Now, there is a political cover over the issue. Thereafter, a peace committee meeting was held on 27.07.2021 and the parties are directed to solve the issue amicably.
5. Considering the submission and on perusal of the materials, it is seen that the respondent police have taken appropriate action on the petitioner's representation. However, it is made clear that the representation of the petitioner to be considered and disposed of within a period of four weeks from the date of receipt of a copy of this order or after commencement of normal functioning of the Court.
6. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar dna
To 1.The District Collector Salem Salem District.
2.The Tahsildar Taluk Office Gangavalli Taluk & Post Salem District.
3.The Inspector of Police Gangavalli Police Station Salem District.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Sankarasubbu, Advocate SR.No.2073 CRL.O.P.No.25507 of 2021 and Crl.M.P.No.14169 of 2021 PMK(CO) GMY(31/01/2022)