P. Prabin v. Superintendent of Police, Kanyakumari District
2015-12-16
S.VAIDYANATHAN
body2015
DigiLaw.ai
ORDER : 1. The Writ Petition in W.P. (MD) No. 22389 of 2015 has been filed by one P. Prabin, praying for issuance of a Writ of Certiorafiedfied, calling for the records relating to the impugned order of the 4th respondent in T10/Inspector/Namuna/20/2015, dated 03.02.2015 and quash the same and consequently, direct the respondents to accord permission and provide police protection to the 20th Annual Day Celebration of? Nehru Ninaivu Vilaiyattu Mandram? Scheduled to be held on 1st and 2nd January 2016. 2. The Writ Petition in W.P. (MD) No. 22558 of 2015 has been filed by one P. Selvakumar, praying for issuance of a Writ of Certiorarified, calling for the records relating to the impugned order issued by the 4th respondent, dated 04.12.2015 in his proceedings T10/Aaivalar/Namuna/22/2015 and quash the same and consequently, direct the 4th respondent to grant permission and protection for conducting Annual Day Celebration of the petitioner Society at Thodukulam Kalaiarangam, Kanjiracode Post, Vilavancode Taluk, Kanyakumari District, scheduled to be held on 01.01.2016 and 02.01.2016. 3. Mr. N. Dilipkumar, counsel appearing for the petitioner in W.P. (MD) No. 22389 of 2015 would submit that the petitioner along with other youngsters in his area had earlier formed a Society in the year 1992 and the same was registered in Registration No. 64 of 1997 on 19.01.1997 in the name of? Nehru Ninaivu Vilaiyattu Thidal? Thereafter, they formed a new Society in the name of? Nehru Ninaivu Vilaiyattu Mandram? and the same was also registered in Registration No. 63 of 2015 on 12.06.2015. Adding further, the learned counsel would submit that, since 1992 to till 2015, the said Society is celebrating the Annual Day Celebration. In such circumstances, the petitioner Society has decided to celebrate the Annual Day Celebration, on 1st and 2nd January, 2016. Accordingly, the members of the Society have given a representation on 30.11.2015, to the Sub-Inspector of Police, Marthandam Police Station, Kanyakumari District, the 4th respondent herein, seeking permission and police protection to celebrate the Annual Day Celebration. However, the 4th respondent, without considering the request of the petitioner Society, has rejected the representation of the petitioner vide the impugned order, dated 03.12.2015, stating there are two groups one under the head of Mr. P. Prbin and another under the head of Mr.
However, the 4th respondent, without considering the request of the petitioner Society, has rejected the representation of the petitioner vide the impugned order, dated 03.12.2015, stating there are two groups one under the head of Mr. P. Prbin and another under the head of Mr. P. Selvakumar and there are several FIRs are pending against each other and that there is a possibility of group clash, which may affect the general public and that Section 107 Cr. P.C. proceedings have already been initiated by the Executive Magistrate and that in this regard one Jayakumar has filed a Writ Petition in W.P. (MD) No. 20754 of 2015 before this Court preventing the Society to celebrate the Annual Day Celebration, and there is a possibility of untoward incidents by the anti-social elements like eve-teasing, consumption of liquor in a public place etc. Counsel for the petitioner would further submit that the petitioner in W.P. (MD) No. 22558 of 2015, viz., Selvakumar group is preventing the Prabin group from conducting the Annual Day Celebration. 4. Mr. V. Sasikumar, counsel appearing for the petitioner in W.P. (MD) No. 22558 of 2015 would submit that the petitioner is the President of the? Nehru Ninaivu Vilaiyattu Thidal? (Nehru Memorial Sports Club), which was registered as S. No. 64 of 1997, under the Societies Registration Act, 1975, on 24.04.1997, on the file of District Registrar, Nagercoil, Kanyakumari District. The object of the Society is to conduct welfare activities including encouraging sports personalities etc.. He would further submit that, when the petitioner made a representation to the Sub-Inspector of Police, Marthandam Police Station, Kanyakumari District, for celebrating the Annual Day Function?, the same was rejected stating that there are rival claims in respect of the administration of the petitioner Society. Adding further he would submit that they have been conducting the Annual Day Celebration for the past 19 years. He also submitted that the 5th respondent in W.P. (MD) No. 22558 of 2015 is a member of Nehru Ninaivu Vilaiyattu Mandram, which was registered only on 12.06.2015 and therefore, the question of conducting the Annual Day Celebration does not arise. 5. Mr.
He also submitted that the 5th respondent in W.P. (MD) No. 22558 of 2015 is a member of Nehru Ninaivu Vilaiyattu Mandram, which was registered only on 12.06.2015 and therefore, the question of conducting the Annual Day Celebration does not arise. 5. Mr. D. Muruganandam, Additional Government Pleader appearing for the respondents 1 to 4 would submit that the respondent police have rightly rejected the permission sought for by the petitioners in both the Writ Petitions on the ground that there are two groups one under the head of Mr. P. Prbin and another under the head of Mr. P. Selvakumar and there are several FIRs are pending against each other and that there is a possibility of group clash, which may affect the general public and that Section 107 Cr. P.C. proceedings have already been initiated by the Executive Magistrate and that in this regard one Jayakumar has filed a Writ Petition in W.P. (MD) No. 20754 of 2015 before this Court preventing the Society to celebrate the Annual Day Celebration, and there is a possibility of untoward incidents by the anti-social elements. Therefore, the Additional Government Pleader prayed for dismissal of the Writ Petitions. 6. I have heard the counsels appearing on either side and perused the materials available on record. 7. It is not in dispute that Civil Suits are pending between two groups before the Court of District Munsif, Kuzhithurai. As rightly pointed out by the petitioner in W.P. (MD) No. 22389 of 2015, they are not members of? Nehru Ninaivu Vilaiyattu Thidal? and they already formed a separate Society called the Nehru Ninaivu Vilaiyattu Mandram. Insofar as the contention of Selvakumar group that Nehru Ninaivu Vilaiyattu Mandram has been started six months ago and therefore, the question of conducting the Annual Day Celebration, does not arise, is concerned, this Court is of the view that nobody can prevent a person from conducting the function under duly established head. It is an admitted fact that one of the impleaded petitioners has filed a Public Interest Litigation, which is pending before this Court, for preventing the Annual Day Celebration.
It is an admitted fact that one of the impleaded petitioners has filed a Public Interest Litigation, which is pending before this Court, for preventing the Annual Day Celebration. Of course, the parties in both the writ petitions have been conducted the Annual Day Celebration till 2013 and the dispute arose only from 2014 and in 2014 the Prabin group had conducted the celebration even without registration of the said Nehru Ninaivu Vilaiyattu Mandram and now, it has been stated that they have registered the said Society. 8. It is also not in dispute that? Nehru Ninaivu Vilaiyattu Thidal? represented by the petitioner in W.P. (MD) No. 22558 of 2015 had already become defunct and the State Government had also declared the said ?Nehru Ninaivu Vilaiyattu Thidal? dissolved vide notification No. 17 dated 04.05.2005. It is represented by the petitioner in W.P. (MD) No. 22558 of 2015 that he has already given a representation dated 27.07.2015 to the Inspector General of Registration for renewal of? Nehru Ninaivu Vilaiyattu Thidal? and the same has been admittedly pending with the Inspector General of Registration for consideration. Therefore, this Court is of the considered opinion that unless or until an order is passed on the said representation in one way or the other, there is no justification with the petitioner, seeking to conduct the Annual Day celebration. 9. Hence, I find nothing wrong in permitting the petitioner in W.P. (MD) No. 22389 of 2015, in conducting the Annual Day Celebrations, such as games, flag hoisting, sports activities, Elocution, Singing, Fancy Dress, Quiz competition, rope pulling etc. 10. In view of the forgoing discussions, the Writ Petition in W.P. (MD) No. 22558 of 2015 is dismissed. Consequently, connected miscellaneous petitions are closed. 11. Insofar as the Writ Petition in W.P. (MD) No. 22389 of 2015 is concerned, this Court, while setting aside the impugned order of the 4th respondent dated 03.02.2015, is inclined to pass an interim order as under:- (i) The petitioner is permitted to conduct the Annual Day Celebration on 1st and 2nd January 2016 6.00 a.m., to 9.00 p.m., at the place in question. (ii) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed. (iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility.
(ii) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed. (iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility. (iv) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue. (v) The participants of the sports events shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance. (vi) Songs praising communal leader or having communal overtones should not be played. (vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader, who is alive, will be displayed. (viii) No flex boards in support of any political party or religious leader be erected. (ix) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance. (x) Similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time. (xi) The participants of the tournament shall not intake any kind of toxic substance or liquor during the meeting. In the event of any suspicion of consumption of alcohol, by the respondent police, can very well check the person by using Alcohol Breath Analyser. (xii) If there is any untoward incident took place, the organizers of the tournament be made responsible for the same. (xv) The petitioner shall not use mikes with loud speakers or amplifiers, as it causes disturbance to the students, patients and old aged people. (xvi) The organizer of the function should ensure free flow of traffic. (xvii) If any untoward incidents happened during the programme, the same should be brought to the notice of this Court by the respondent and it will be viewed seriously. 12. Registry is directed to list W.P. (MD) No. 22389 of 2015 on 06.01.2016, for reporting as to whether the conditions imposed by this Court as stated above have been duly complied with or not. It is made clear that in the event of non-compliance of the conditions, further orders will be passed in this case.