Allinagaram Devendhirakula v. The Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.A.(MD)No.465 of 2018 and C.M.P.(MD)No.2785 of 2018 Allinagaram Devendhirakula Uravin Murai, Represented through its President, M.K.Muniyandi (M-60/18), S/o. Karuppiah, Ambedhkar Street, Allinagaram, Theni District.

: Appellant Vs.

1. The Superintendent of Police, Theni.

2. The Inspector of Police, Allinagaram Police Station, Theni.

3. Allinagaram Devendhirakula Uravin Murai, Represented through its President, V.Subbaiyan, S/o. Velappan, Ambedhkar Street, Allinagaram, Theni District.

: Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 14.03.2018 in W.P(MD).No.5109 of 2018.

Prayer in WP(MD). 5109/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to impugned order of the 2nd respondent dated 22.02.2018 and quash the as illegal and consequently direct the respondents to grant permission to the petitioner to conduct and celebrate the Pankuni Urchavam Vizha from 27.03.2018 to 03.04.2018 at Arulmigu Sri Sadayandi, Sri.Mandukaruppasamy, Sri.Kaleeswari and Sri.Sellandiamman Thirukovil, Allinagaram, Theni. For Appellant : Mr.C.M.Arumugam For Respondents 1 & 2 : Mr.A.K.Baskarapandian Special Government Pleader

JUDGMENT

************** [Judgment of the Court was delivered by M.SATHYANARAYANAN, J.] The matter in issue pertains to "Panguni Urchavam Thiruvila" between 27.03.2018 and 03.04.2018 and since there is a dispute between the petitioner Sangam and the third respondent Sangam, which also have a similar name and taking into consideration the law and order problem, request for conducting the festival came to be rejected by the second respondent vide impugned order dated 22.02.2018.

2.The writ appeal was entertained and notices were ordered and when it was listed for hearing on 23.03.2018, Mr.C.M.Arumugam, learned counsel appearing for the appellant prayed for time to find out an amicable settlement between the two groups, namely, the petitioner and the third respondent Sangam. Accordingly, the matter was directed to be called on 26.03.2018 (today). 3.The writ appeal is listed today and the learned counsel appearing for the appellant has produced the proceedings dated 23.03.2018, which would disclose that a Peace Committee Meeting was conducted by the District Revenue Officer, Theni, wherein both groups have participated and an amicable settlement has also been reached. The terms of the settlement are:

(i)"Panguni Urchavam Thiruvila" for the year 2018 is to be celebrated by the Sangam headed by Mr.V.Subbaiyan, between 03.04.2018 and 06.04.2018 (4 days) and the Sangam headed by Mr.M.K.Muniyandi, is to conduct the festival between 09.04.2018 and 12.04.2018 (4 days).

(ii)both groups shall obtain necessary permissions separately from the jurisdictional police.

(iii)both groups undertake to conduct the festival in a peaceful manner without violating law and order and public order. 4.The said understanding was also reduced into writing and signed by the Deputy Superintendent of Police, Theni, Revenue Divisional Officer, Periyakulam, District Revenue Officer, Theni, Tahsildar, Theni as well as by the persons belonging to Mr.V.Subbaiyan's group and Mr.M.K.Muniyandi's group. 5.The xerox copy of the said proceedings dated 23.03.2018, submitted before this Court is taken on file and record. In the light of the same, no further orders are necessary in this writ appeal.

6.The writ appeal stands closed, accordingly. However, it is made clear that the parties to the said agreement for

understanding shall fully comply with the terms of the said undertaking and if any infraction is noted, and in the event of law and order and public order problem, the jurisdictional revenue officials as well as police officials are at liberty to take appropriate action in accordance with law. No costs.

Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Theni.

2. The Inspector of Police, Allinagaram Police Station, Theni.

+1cc to Mr.C.M.Arumugam, Advocate SR.No.57894 MR VB/SV/MMS/SAR4/02.04.2018/3P/4C JUDGMENT MADE IN W.A(MD)No.465 of 2018 26.03.2018