Yogeeswarar Maanila Samuthaya Peravai v. The State Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL Yogeeswarar Maanila Samuthya Perumal Rep.by its General Secretary P.Selvakesavan S/o.Ponniah 160/D/10F, Kurinchi Nagar 4th Street, Melur,Tuticorin District ... Petitioner Vs.
1. The Superintendent of Police Tuticorin District, Tuticorin 2.The Inspector of Police Kurumbur Police Station Kurumbur, Tuticorin District
3. Elur Yokeesvarar Samuthya Munnetra Sangam Tiruchendure Rep. by its Secretary Saravanan, No.1/184-C, Muthu Nagar Veerapandian Pattinam Tiruchendur Taluk Thoothukudi District (R3 impleaded vide order of this Court dated 21.02.2025 in WMP(MD) No.3407 of 2025) ..Respondents 1/7
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents to give permission and police protection for the executive committee meeting scheduled to be conducted on 23.02.2025(sunday) between 4.00 pm., and 10.00 pm., based on the petitioner's representation dated 09.02.2025 and 15.02.2025.
For Petitioner : Mr.Karthigai Murugan For Respondents : Mr. M.Sakthi Kumar No.1& 2 Government Advocate(civil side) No.3 :Mr.M.S.Jeya Karthick
ORDER
The prayer sought for in the present writ petition is to direct the respondents to give permission and police protection for the executive committee meeting scheduled to be conducted on 23.02.2025(sunday) between 4.00 pm., and 10.00 pm., based on the petitioner's representation dated 09.02.2025 and 15.02.2025.
2. The learned counsel appearing for the petitioner would submit that the petitioner is functioning as General Secretary of Yogeeswarar Maanila Samuthaya Peravai and registered under Tamil Nadu Societies 2/7
Registration Act, 1975. While so they want to conduct District Level Administrative Committee Meeting on 23.02.2025 at Gnanam Mahal, Kurumbur. The agenda for the above said meeting are to felicitate elders and pioneers of the community, to select District level officer bearers , to discuss about the welfare of the community and dinner at the end. Therefore on 23.02.2025 the petitioner decided to conduct meeting between 4.00 p.m., and 9.00 p.m., and thereafter to have a dinner. On behalf of the Society branch leader A.Nagavel gave a representation before the second respondent and sought for permission for police protection for the above said meeting but the same was rejected by the respondents. Again the petitioner herein gave representations on 09.02.2025 and 15.02.2025 and thereafter they filed this petition. During the pendency of this petition the respondent police rejected the permission on 19.02.2025, hence prayed to grant permission and police protection,
3. The learned counsel appearing for the third respondent would submit that there is a dispute pending in respect of Kalyana Mandapam at Tiruchendur and the petitioner wanted to conduct meeting to discuss 3/7
about the said Mandapam and already peace committee meeting was convened. As per the peace committee meeting both parties agreed not to convene meeting in Tiruchendur Mandapam. Therefore they want to discuss about the Tiruchendur Mandapam and thereby they violated the conditions of the peace committee meeting.
4. The learned Government Advocate(Crl.Side) appearing for the respondents would submit that there are two groups claiming right over the mandapam at Tiruchendur, thereby peace committee meeting was conducted. Now the petitioner want to conduct meeting on 23.02.2025 and thereby they sent a representation and the same was considered and it was closed, therefore nothing survives for further adjudication.
5. At this juncture, the learned counsel appearing for the petitioner would submit that the agenda for meeting has been clearly mentioned in the petition and therefore no prejudice will be caused to the rival parties and the petitioner also gave an undertaking not to create any law and order issue and will give a fresh application by giving the said undertaking.
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6. The learned Government Advocate(Crl.Side)appearing for the respondents fairly conceded that if the petitioner gives the undertaking not to create any law and order issue they will consider the said representation.
7. The learned counsel appearing for the third respondent also requested that without prejudice to the rights of the third respondent in respect of the above said Mandapam at Tiruchendure if they conduct any meeting they have no serious objection.
8. In view of the above said undertaking of the learned counsel appearing for the petitioner as well as the respondents and considering that meeting is scheduled to be held on 23.02.2025, this Court directs the petitioner to give a fresh representation immediately on 22.02.2025 and on such representation being given, the second respondent is directed to consider the same and give permission to the petitioner to conduct meeting by imposing any conditions in accordance with law. 5/7
9. With the above direction, the Criminal Original Petition stands disposed of. No costs.
21.02.2025 NCC : Yes / No Index : Yes / No aav Note: Issue order copy on 21.02.2025 To
1. The Superintendent of Police Tuticorin District Tuticorin 2.The Inspector of Police Kurumbur Police Station Kurumbur Tuticorin District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7
P.DHANABAL, J.
aav 21.02.2025 7/7