Balakrishnan v. The Thasildar / Assistant Returning Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY Balakrishnan ... Petitioner Vs 1.The Thasildar / Assistant Returning Officer, Papanasam Sub Division, 2.The Deputy Superintendent of Police, Thanjavur Sub Division, 3.The Inspector of Police, Kabisthalam Police Station, ... Respondents PRAYER: Writ Petition 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 the impugned order passed by the 3rd Respondent in his proceedings Nil dated 18.05.2024 and quash the same as illegal and consequently, direct the Respondents to permit the petitioner to conducting Karakattam on 27.05.2024 at about 07.30 pm to 12.00 AM during the Conducting festival of Arulmigu Sri Veerakaliyamman Aalaiyam 1/5
situated at Umaiyalpuram, Papanasam taluk, Thanjavur District. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.M.Muthumanikkam Government Advocate(Crl.Side)
O R D E R
This Writ Petition is filed challenging the impugned order, dated 18.05.2024 passed by the third respondent and to grant necessary permission to conduct Karakattam on 27.05.2024 at about 07.30 pm to 12.00 AM during the Conducting festival of Arulmigu Sri Veerakaliyamman Aalaiyam situated at Umaiyalpuram, Papanasam taluk,
2. The learned counsel appearing for the petitioner submitted that the impugned order has been passed stating that in view of the Government Order passed by the Government of Tamil Nadu, the representation made by the petitioner for conducting Karakattam has been rejected. It is not specifically stated about who had objected for conducting Karakattam. 2/5
3. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that there are two communities in the village and there are clashes between them. In the previous year, during the festival, clashes arose between two communities, for which, an F.I.R has also been registered. Hence, he objected to grant permission for conducting Karakattam.
4. In view of the facts and circumstances of the case, this Court directs the first respondent to conduct Peace Committee meeting among the rival parties. The rival parties are directed to co-operate with the Peace Committee meeting. Based on the outcome of the meeting, the first respondent shall pass appropriate orders.
5. In view of the above, this Writ Petition is disposed of. No costs. 22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No GBG Note: Issue order copy on 23.05.2024.
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To 1.The Thasildar / Assistant Returning Officer, Papanasam Sub Division, 2.The Deputy Superintendent of Police, Thanjavur Sub Division, 3.The Inspector of Police, Kabisthalam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY , J.
GBG ORDER IN 22.05.2024 5/5