De-Notified Tribes Welfare v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018

CORAM:

THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI W.P(MD) No.10063 of 2018 De-notified Tribes Welfare Association through its Joint General Secretary R.Ramakrishnan : Petitioner -vs1.The Superintendent of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Usilampatti Division, Usilampatti, Madurai District. : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 25.04.2018 of the 2nd respondent and quash the same and direct the respondents to accord permission for bicycle awareness campaign scheduled from 28.04.2018 to 30.04.2018 as sought by the petitioner's association letters, dated 19.04.2018 and 25.04.2018 addressed to the respondents and to direct the 1st respondent to accord permission to organise the classical tradition conference scheduled on 03.06.2018 as per the petitioner's Association letter, dated 5.3.2018 and permit to carry out necessary propaganda of the said conference pending on the file of the respondents. For Petitioner :

Mr.S.Muniyandi For Respondents :

Mr.S.Angappan Government Advocate

O R D E R

This writ petition has been filed to quash the impugned proceedings, dated 25.04.2018 passed by the 2nd respondent and to direct the respondents to accord permission for bicycle awareness campaign scheduled from 28.04.2018 to 30.04.2018 as sought by the petitioner's Association letter, dated 19.04.2018 and 25.04.2018 addressed to the respondents and to direct the 1st respondent to accord permission to organise the classical tradition conference scheduled on 03.06.2018 as per the petitioner's Association letter, dated 05.03.2018.

2.The learned counsel for the petitioner would submit that the petitioner's Association is a registered Society working for the welfare of the De-Notified Tribes (in short DNT) and they are working for the welfare of the DNT for the past four years and their reasonable demands were not met by both the Central and State Government and this year is the 100th year of imposing Draconian Criminal Tribes Act against the entire piramalaikallar's community on 05.06.2018 and hence, the petitioner's organization has decided to organise a classical conference at Karumathur village in Madurai District on 03.06.2018 and for that, they sought permission from the respondents, but the 2nd respondent without giving any opportunity, has denied permission by passing the impugned order, dated 25.04.2018. Hence, the petitioner has come forward before this court seeking the relief as stated above.

3.The learned Government Advocate appearing for the respondents would submit that the campaign routes pass through some of the sensitive villages and there is a possibility of communal clash in the event of the granting permission to conduct bicycle campaign and therefore, the 2nd respondent has rejected the request of the petitioner's Association by passing the impugned order. In the above circumstances, the present writ petition filed by the petitioner is not maintainable in law and prayed for dismissal of the writ petition.

4.Heard both sides and perused the materials available on record.

5.It is seen from the records that the petitioner's Association has sought permission to organise classical tradition conference on 03.06.2018 in commemoration of 100th years of imposing Criminal Tribes Act and accordingly, they sought permission from the respondents, but the 2nd respondent has refused to grand permission on the ground that the campaign route pass through some of the villages, which are sensitive in nature and if at all permission is granted, it will lead to communal clash between the community people. Hence, this court is of the considered view that the 2nd respondent has rightly passed the impugned order. Therefore, the relief sought for the by the petitioner cannot be granted. 6.In the result, the writ petition is dismissed. No costs. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar

+1CC to Mr.S.Muniyandi, Advocate in SR.NO.66019, +1CC to Special Government Pleader in SR.No.66162. ER DS/MMS/SAR-3 :28.05.2018: 3P/3C W.P(MD) No.10063 of 2018 23.05.2018