M.Kovainathan, v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16487 of 2016 M.Kovainathan .. Petitioner -vsThe Sub Inspector of Police, Veercholan Police Station, Virudhunagar District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order dated 20.08.2016 passed by the respondent and quash the same and directing the respondent herein to grant permission and to provide police protection to conduct the erection of Vinayagar Idol on 05.09.2016 and to conduct 'Vinayagar Idol Procession' on 06.9.2016 in pursuant to the Vinayagar Chathurthi Festival in Veeracholan Village, Thiruchuli Taluk, Virudhunagar District. For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondent : Mr.R.Karthikeyan Addl. Govt. Pleader

O R D E R

This writ petition has been filed challenging the order of the respondent dated 20.08.2016.

2.Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

4.The learned Additional Government Pleader, appearing for the respondent, would submit that the permission sought for to celebrate the Vinayagar Chathurthi festival has been rejected on the ground that already two cases have been registered and tension prevailing in that area between Hindu and Muslim. https://hcservices.ecourts.gov.in/hcservices/

5. The learned counsel for the petitioner would submit that there is change in attitude and approach of the parties and therefore, there is no likelihood of law and order problem and that the cases already registered have been quashed by this Court on the basis of the settlement arrived at between the parties to the proceedings in Crl.O.P.(MD) No.2827/2016 vide order dated 04.04.2016. Under such circumstances, the learned counsel for the petitioner prays for a direction for the respondents to grant permission.

6. In view of the submissions made and due to tension prevailing in the village, this Court is not inclined to grant the direction as prayed for. The petitioner is directed to send a representation to the respondent. The respondent is directed to convene a peace committee meeting in order to ensure as to whether there is change in the attitude of the people in that area. The respondent is directed to consider the said representation and pass orders, on or before 04.09.2016, on merits and in accordance with law and subject to the result of the resolutions taken in the peace committee meeting.

With the above direction, the writ petition is disposed of. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To The Sub Inspector of Police, Veercholan Police Station, Virudhunagar District. +1 CC to the Special Government Pleader, SR No.49390 +1 CC to Mr.M.KARTHIKEYA VENKATACHALAPATHI, Advocate, SR No.49001 W.P(MD)No.16487 of 2016 01.09.2016 RR SH/SS-3/SAR-1:02.09.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/