← Library
Madras High CourtWP(MD)/491/2018disposed of

M.Periyanan, S/O.Muthiah, v. The Superintendent Of Police,

2018-01-12Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.491 of 2018 and W.M.P.(MD) No.491 of 2018 M.Periyanan

...Petitioner

Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendant of Police, Melur, Madurai District.

3.The Tahsildar, Melur, Madurai District.

4.The Inspector of Police, Melur Police Station, 5.Iyappankumar 6.Veerasenthil 7.Seeralan A Suresh

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, restraining the respondents 1 to 4 from granting any permission for conducting any cultural activities or staging the Valli Thirumana Drama or Aadal Paadal Programe or Bulluck Cart Race on the eve of Pongal Festival more particularly from 13.01.2018 to 17.01.2018 in Sunnambur Village, Melur Taluk, Madurai District.

For Petitioner :Mr.G.Prabhu Rajadurai For R1 to R4 :Mr.V.Anand Government Advocate For R5 & R7 :M/s.K.Malathi For R6 :Mr.A.K.Hemaraj ***

O R D E R

This writ petition has been filed to restrain the respondents 1 to 4 from granting any permission for conducting any cultural activities or staging the Valli Thirumana Drama or Aadal Paadal Programe or Bulluck Cart Race on the eve of Pongal Festival more particularly from 13.01.2018 to 17.01.2018 in Sunnambur Village, Melur Taluk, Madurai District.

2.The learned counsel for the petitioner has submitted that in the last year during the Pongal Festival a communal clash has occurred and hence, two FIRs have been registered in Cr.No.74 and 75 of 2017 under various Sections and hence, if the respondents 5 to 7 are permitted to conduct the cultural programme and sports events, law and order problem and communal clash may arise and hence, he requested the Court to direct the respondents 1 to 4 not to grant permission for conducting cultural programmes from 13.01.2018 to 17.01.2018 in Sunnambur Village, Melur Taluk, 3.The learned Government Advocate appearing for the respondents 1 to 4 submitted that a peace committee meeting was held, in which the petitioner also participated and raised objections for granting permission for performing cultural programme. He further submitted that he will instruct the 5th respondent to pass appropriate orders.

4.The learned counsel for the respondents 5 and 7 submitted that the case, which was registered in Cr.No.74 of 2017, has been quashed by this Court in Crl.O.P.(MD) No.11214 of 2017 dated 30.08.2017. She further submitted that in so far as Cr.No.75 of 2017 is concerned, the parties have already entered into compromise and as on date there is no tension prevailing in the village. She further submitted that except the petitioner herein, the other people are supporting the respondents 5 and 7 for conducting the cultural programme.

5.The learned counsel for the 6th respondent submitted that the 6th respondent also submitted a representation before the respondents 1 to 4 seeking permission to celebrate the Pongal Festival in Sunnambur Village, Melur Taluk, Madurai District on 04.01.2018. The 6th respondent has filed an undertaking affidavit stating that he will celebrate the Pongal Festival in a peaceful manner.

6.The 5th respondent has also filed an affidavit stating that in the peace committee meeting held on 05.01.2018 a resolution was passed to permit the respondents 5 and 7 to perform the cultural programme and to celebrate the Pongal Festival.

7.Considering the aforesaid submissions, I am of the view that the 4th respondent alone know the ground reality. So, he has to study the situation prevailing in the concerned village and if he is satisfied that no law and order problem will arise, then he can permit the respondents 5 to 7 to conduct the cultural programme by providing adequate security to the public.

8.With the aforesaid observation, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendant of Police, Melur, Madurai District.

3.The Tahsildar, Melur, Madurai District.

4.The Inspector of Police, Melur Police Station, +2CC to M/s.K.Malathi, Advocate, SR.No. 42349 W.P.(MD) No.491 of 2018 and W.M.P.(MD) No.491 of 2018 12.01.2018 mm AM/SKN RSK/SAR 1/12.01.2018/3P/7C