N.Gowthaman v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL N.Gowthaman ... Petitioner Vs
1. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2. The Deputy Superintendent Of Police, Paramakudi, Ramanathapuram.
3. The Inspector of Police, Emaneswaram Police Station, Paramakudi, Ramanathapuram.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus, directing the respondents to permit the petitioner to conduct the function on 27.03.2025 from 10 AM to 09.00 PM of Misa.Sathaiya Konar 46th Death Anniversary at Vilathur Village, Paramakudi Taluk, Ramanathapuram District by considering the petitioner's representations dated 14.02.2025 and 02.03.2025 within the time stipulated by this Court. 1/6
For Petitioner : Mr.N.Sathishwarnan For Respondents : Mr.R.M.Anbunithi (R1- R3) Additional Public Prosecutor
ORDER
The present writ petition has been filed to direct the respondents to permit the petitioner to conduct the function on 27.03.2025 from 10 AM to 09.00 PM of Misa.Sathaiya Konar 46th Death Anniversary at Vilathur Village, Paramakudi Taluk, Ramanathapuram District by considering the petitioner's representations dated 14.02.2025 and 02.03.2025 within the time stipulated by this Court.
2. According to the petitioner, he is the Secretary ofYadava Sangam in Vilathur Village. One Sathaiya Konar, who was fighting for the development of Tamil language and Martyr of Tamil language was arrested under the Misa Act. For the past 45 years, the petitioner's Sangam has celebrated the death anniversary of said Sathaiya Konar by conducting sports events. This year also they have decided to celebrate his death anniversary on 27.03.2025 from 10.00 AM to 09.00 PM at Vilathur Village, Paramakudi Taluk, Ramanathapuram District. In this 2/6
regard, they have sent representations to the respondents on 14.02.2025 and 02.03.2025 and the same were not considered. Hence, this petition. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that since the petitioner has filed this petition on communal background and there are chances for causing communal clash between two groups and people from outside of the village will also attend the function, which would create law and order problem. Hence, he strongly oppose to give permission to conduct the said function.
4.This Court had heard both sides and perused the materials available on record.
5.Since the prayer of the petitioner is consider his representations, dated 14.02.2025 and 02.03.2025 and the same are pending before the 2nd respondent, it is for the 2nd respondent to consider the same and pass appropriate orders. The 2nd respondent cannot deny to 3/6
give permission to conduct function only on the ground of law and order problem.
6.In view of the above, this Court hereby directs the 2nd respondent to consider the representations of the petitioner, dated 14.02.2025 and 06.03.2025 and pass appropriate orders in accordance with law, in conducting function on the eve of death anniversary of Sathaiya Konar on 27.03.2025 from 10.00 AM to 09.00 PM at Vilathur Village, Paramakudi Taluk, Ramanathapuram District. The petitioner is also directed to ensure peace and law and order while conducting the function.
8. With the above said observations and directions, this writ petition stands disposed of.
13.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Note : Issue order copy on 14.03.2025 PNM 4/6
To
1. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2. The Deputy Superintendent Of Police, Paramakudi, Ramanathapuram.
3. The Inspector of Police, Emaneswaram Police Station, Paramakudi, Ramanathapuram.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
PNM 13.03.2025 6/6