C. Arul Justin Draviam v. State, represented by The Superintendent of Police, Sivagangai District
2015-03-13
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment 1. This Writ Petition is filed for issuance of a Writ of Mandamus praying this Court to call for the entire records on the file of the second respondent pertaining to the impugned order in Na.Ka.No.41/Siva.U.Ko.Siva/2015, dated 12.3.2015 and to quash the same and consequently to direct the respondents to grant permission and adequate Police protection to the Petitioner's conference on 15.3.2015 in Kanchivangal(Patta No.130 and S.No.335/1), Sivagangai, Sivagangai District from3.00 p.m. To 10.00 p.m. 2. Heard the learned counsel appearing on either side and by consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3. The only grievance stated by the Petitioner is that his application has been rejected summarily by the authorities as if law and order problem is created and that the Petitioner has every right to conduct the conference under the powers conferred under the constitution which cannot be thrown at the whims and fancies of the authorities concerned 4. The Government has filed a counter specifically stating that earlier in the year 2012, there had been instances of communal clash including registration of Criminal case in Crime Nos.121 of 2012 and 123 of 2012 and thereafter, in the year 2013 a case is registered in Crime No.08 of 2013 in respect of the very same set of parties. Therefore they apprehend even this year also especially in the place in which the Petitioner sought for conducting conference, there is every likelihood of creating law and order problem and hence the Petitioner's application has been rightly rejected by the authorities. 5. At the same time, on instructions, the learned Additional Government Pleader would state that if the Petitioner mention a place namely between Sivagangai and Thirupattur, after 10 Kms from the city limits, the authorities will consider the same in accordance with law subject to the condition. 6. Taking into consideration the communcal friction should not be there and it should not lead to communal clash and restricts the friction between the public, the Petitioner's application will be considered on merits and in accordance with law. 7. when the matter is taken up for hearing, the learned counsel for the Petitioner himself on instructions would state that now they are ready to shift the venue between Sivagangai to Thirupattur immediately 50 Kms away from the city limits.
7. when the matter is taken up for hearing, the learned counsel for the Petitioner himself on instructions would state that now they are ready to shift the venue between Sivagangai to Thirupattur immediately 50 Kms away from the city limits. He would also make an undertaking that they will not make any speech disturbing the communal harmony. They will also conduct the conference without affecting the rights of general public in view of the changing circumstances, namely the Petitioner himself has agreed to change the place of conference in between Sivagangai and Thirupattur. It is suffice to state that the Petitioner will make the necessary application to the authority concerned/second respondent in this regard. 8. This Court feels that in view of the law and order apprehension by the Police, it is appropriate to the Petitioner to name a place 4 kms away from the City limits of Sivagangai in between Sivagangai and Thirupattur and seek permission for conduct of conference with specific understanding and undertaking by them that they will not insight communal violence or may not speak communaly or they will not speak anything affecting the other religion or affecting the rights of the public individuals and that they have the every legal right to demonstrate or speak about their grievance within the ambit of law which is conferred under the Constitution. 9. In view of the above, the Petitioner is permitted to submit a fresh application to the authorities concerned for the conduct of conference and on such submission, the authorities will consider the same on merits and in accordance with law within two days from the production of a copy of this order. It is made clear that the authority has every right to impose any condition to the Petitioner to prevent any communal clash or communal hatred speech and also to protect law and order problem in that locality. 10. With the above direction the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.