Franklin D. Paul @ Paulkutty Secretary v. P. Stalin
2016-12-22
M.V.MURALIDARAN, S.NAGAMUTHU
body2016
DigiLaw.ai
JUDGMENT : M.V. Muralidaran, J. 1. The 7th respondent in the writ petition in W.P. (MD) No. 22472 of 2015 is the appellant before this Court. Challenging the order in W.P. (MD) No. 22472 of 2015 dated 22.12.2015 passed by the learned Single Judge of this Court, so far as the finding relating to the TDTA, Middle School at Chidambarapuram is concerned. 2. The first respondent Mr. P. Stalin, who is the writ petitioner has filed the writ petition in W.P. (MD) No. 22472 of 2015 before the learned Single Judge for issuance of Writ of Mandamus directing the respondents 1 to 6 herein not to grant any permission to the 7th respondent or his men to hold any religious cultural activities or any other events scheduled to commence from 22.12.2015 to 01.01.2016 at Middle School, TDTA Ground, Chidambarapuram Village situated in Old Ward No. 2, (New Ward No. 5) in Survey No. 83, Palavoor Village Part-II, Radhapuram Taluk, Tirunelveli District. 3. The case of the first respondent/writ petitioner is that he is the resident of Chidambarapuram Village and was Ex-Panchayat President of Chidambarapuram- Jacobpuram Panchayat. The Government of Tamil Nadu has bifurcated the Palavoor Panchayat in Tirunelveli District and constituted two separate Panchayats namely Palavoor and Chidambarapuram-Jacobpuram in G.O.Ms. No. 1959 RDLA Department dated 22.09.1964 and necessary notification was also issued and published in the Fort St. George Gazette dated 23.12.1964 thereby mentioning the description of the areas as four blocks. After passing the above G.O., the bifurcated village Panchayat of Chidambarapuram- Jacobpuram started functioning in the year 1965 with four Blocks and three wards and due to introduction of multi member ward system as ordered in Government Lr. No. 21879/PR-4/2009 dated 22.10.2009, the number of wards has been increased from 3 to 9 as given below:- S. No. Name of Streets Old Ward Number New Ward Number 1. Chidhambarapuram North of South Street 1 1, 2 and 3 2. Chidhambarapuram South of South Street 2 5 and 6 3. Jacobpuram East of C.S.I. Church and Marankulam colony 3 7 and 8 4 and 9 4. The first respondent/writ petitioner also come forward by saying that as per the Government records, Ward Nos. 1, 2, 3, 5 and 6 are called as Chidambarapuram Village, Ward Nos. 7 and 8 are called as Jacobpuram village and the Ward Nos. 4 and 9 are called as Marankulam village.
The first respondent/writ petitioner also come forward by saying that as per the Government records, Ward Nos. 1, 2, 3, 5 and 6 are called as Chidambarapuram Village, Ward Nos. 7 and 8 are called as Jacobpuram village and the Ward Nos. 4 and 9 are called as Marankulam village. The same is evident from the various Government Orders and also supported by Court orders. The first respondent/writ petitioner also states that most of the villagers more fully belonging to the Christian community hailing from Jacobpuram village, contrary to Government records wanted to change the village name as Jacobpuram instead of Chidambarapuram in respect of Ward Nos. 1, 2, 3, 5 and 6 and the said act is wholly illegal and against the Government Records. 5. The first respondent/writ petitioner also states that one Thomas belonging to Jacobpuram village made a representation to the Secretary to Government, Chennai to change the village name as Jacobpuram instead of Chidambarapuram especially in respect of Ward Nos. 1, 2, 3, 5 and 6 and the said request was rejected by the Principal Secretary by an order dated 20.12.2011. Further, some of the Representatives belonging to Jacobpuram village also filed a civil suit in O.S. No. 185 of 2001, on the file of the Principal District Munsif, Valliyoor, to declare the Ward No. 2 as Jacobpuram and the said suit was also dismissed on 30.06.2005 and an appeal was also filed in A.S. No. 228 of 2005, on the file of the Sub-Judge, Tirunelveli and the same was also dismissed on 21.10.2005. 6. The first respondent/writ petitioner also states that thereafter the Representatives of Jacobpuram filed a Second Appeal before this Court in S.A. (MD) No. 492 of 2008 and the same was dismissed on 10.04.2008. While so, some of the miscreants and anti social elements of Jacobpuram village purposefully erased the name of Chidambarapuram Village written on the Panchayat Building as well as in the Government buildings in the said village and hence a case was registered against those persons in Crime Nos. 2 of 2013, 3 of 2013, 4 of 2014 for offences more fully for disturbing the public peace and tranquillity and also with intention to raise communal disturbance in the village. 7.
2 of 2013, 3 of 2013, 4 of 2014 for offences more fully for disturbing the public peace and tranquillity and also with intention to raise communal disturbance in the village. 7. The first respondent/writ petitioner also states that Chidambarapuram was erased illegally in the Government Buildings by the residents of Jacobpuram, the first respondent/writ petitioner has filed a Writ Petition in W.P. (MD) No. 3601 of 2013 before this Court seeking for a writ of mandamus directing the respondents to write the name of Chidambarapuram-Jacobpuram Panchayat at Chidambarapuram Panchayat Union, Valliyoor, Tirunelveli District in the Panchayat Office in Ward No. 5 (Old Ward No. 2) and to write the name of Chidambarapuram in all Government buildings in Ward Nos. 1, 2, 3, 5 and 6 of Panchayat and to record the name of Chidambarapuram in all Government Departments records in respect of the said wards. In the said writ petition, the District Collector/2nd respondent herein has also filed a counter affidavit before this Court in the writ petition stating that it is necessary to write the following in the name board available in the Panchayat Office. Chidhambarapuram-Jacobpuram Panchayat, Chidambarapuram Panchayat Union, Valliyoor, Tirunelveli District. Further, the first respondent/writ petitioner also states that the District Collector has categorically stated that to avoid complications and to maintain peace in future, it has also became necessary to write the name of Chidhambarapuram in all Government buildings available in Ward Nos. 1, 2, 3, 5 and 6 of the said Panchayat (Old Ward Nos. 1 and 2) and also to record the name of Chidambarapuram in all Government Department in respect of above wards. Accordingly, the writ petition was disposed on 26.09.2013 by recording the counter affidavit filed by the District Collector, Tirunelveli. 8. The first respondent/writ petitioner has further stated that as per the above order passed by the District Collector/2nd respondent herein has passed subsequent order on 15.07.2014 whereby he kept the original order dated 02.07.2014 in abeyance in view of breach of peace exist between two villagers stating that there is some law and order problem more fully on the basis of a representation alleged to have been given by one Thomas and Arthur Selvakumar residents of Jacobpuram Village. But, there is no harmony or peace between in the said villages. Always tensions are existing in the said villages. 9.
But, there is no harmony or peace between in the said villages. Always tensions are existing in the said villages. 9. The first respondent/writ petitioner also states that while things stood thus, 7th respondent in association with some of henchmen, more fully to create further tensions, and differences between the two religious groups, intended to conduct cultural activities more fully religious purposes and sports events in connection with the ensuing Christmas Festival scheduled to be held on 23.12.2015 to 01.01.2016 at TDTA Middle School Ground, situated at Chidambarapuram. The first respondent/writ petitioner also states that it is pertinent to note that the pamphlets have been issued for the purposes of conducting religious cultural activities at High School TDTA High School Ground at Jacobpuram. But, contrary to that the 7th respondent and his henchmen have decided to conduct the religious cultural activities at Chidambarapuram. This itself clearly shows that the 7th respondent and his henchmen with an intention to create law and order problem and in order to break the peace and harmony in the village of Chidambarapuram. Hence, it is just and necessary to stop the cultural activities conducted by the 7th respondent more particularly conducting the same in the Middle School situated at Chidambarapuram jurisdiction, situated in Old Ward No. 2 New Ward No. 5 in Survey No. 83 of Palavoor part-II, otherwise the first respondent/writ petitioner and other villagers of Chidambarapuram will be put to serious hardship and mental agony. 10. In the said circumstances, the first respondent/writ petitioner and the villagers of Chidambarapuram have given a representation on 21.11.2015 to the official respondents herein requesting them to stop the illegal activities scheduled to be commenced from 23.12.2015 to 01.01.2016 at Middle School, TDTA Ground, Chidambarapuram Village situated in Old Ward No. 2, New Ward No. 5 and survey No. 83 of Palavoor Part-II, Radhapuram Taluk, Tirunelveli District and on preliminary enquiry, CSR receipt was given in CSR No. 371 of 2015. The enquiry is pending. In the meantime, while pendency of the above enquiry the appellant/7th respondent taking steps to conduct the events peacefully as scheduled above. Therefore, he approached this Court and filed the above writ petition for the above prayer. 11. On receipt of the notice, the Inspector of Police, Palavoor Police Station, Tirunelveli District/the 6th respondent herein filed a counter affidavit stating that the writ petition is not maintainable before this Court. 12.
Therefore, he approached this Court and filed the above writ petition for the above prayer. 11. On receipt of the notice, the Inspector of Police, Palavoor Police Station, Tirunelveli District/the 6th respondent herein filed a counter affidavit stating that the writ petition is not maintainable before this Court. 12. The 6th respondent/Inspector of Police has submitted that the Government of Tamilnadu has bifurcated the Palavoor Panchayat in the Tirunelveli District constituted two separate panchayats namely Palavoor and Chidambarapuram-Jacobpuram in G.O.Ms. No. 1959 RDLA Department, dated 24.09.1964. The 6th respondent/Inspector of Police also stated that the residents of Jacobpuram have sent many representations to change the village name as Jacobpuram instead of Chidambarapuram especially in respect of ward Nos. 1, 2, 3, 5 and 6. The request was rejected by the Civil Courts and the Second Appeal filed before this Court in S.A. (MD) No. 492 of 2008 was also dismissed on 10.04.2008. The 6th respondent/Inspector of Police also stated that regarding the change of name, there were quarrels and series of litigations and various criminal cases have been registered in the said police limits against the persons involved in the clashes between the said two villages. The name of the village Chidambarapuram was erased in the name board of the Panchayat by some of the residents of Jacobpuram and the same was restrained by the District Collector, Tirunelveli and there were restlessness prevailing between the residents of the Jacobpuram and Chidambarapuram regarding the change of name of the Panchayat. There were law and order problem between two villages because of the unharmonious relationship between the Hindu community and Christian community people living in these villages. 13. The 6th respondent/Inspector of Police also states that this appellant/7th respondent is conducting a sports club and the said club is running cultural, sports and religious events in the TDTA school campus at Jacobpuram for the past 45 years. As usual, the appellant/7th respondent has applied for permission to conduct the said religious, sports and cultural events on the eve of Christmas and New Year festivals for the period from 22.12.2015 to 1.1.2016 at TDTA Middle School ground situated at Jacobpuram. The said petition was registered as CSR No. 370 of 2015 dated 22.11.2015.
As usual, the appellant/7th respondent has applied for permission to conduct the said religious, sports and cultural events on the eve of Christmas and New Year festivals for the period from 22.12.2015 to 1.1.2016 at TDTA Middle School ground situated at Jacobpuram. The said petition was registered as CSR No. 370 of 2015 dated 22.11.2015. But, on the other hand, the writ petitioner herein and others have sent an objection petition on 22.11.2015 praying not to grant any permission to the appellant/7th respondent and the same was also registered as CSR No. 371 of 2015 of Palavoor Police Station. The 6th respondent/Inspector of Police also states that in order to pacify the both parties and to settle the issue amicably the Tahsildar, Radhapuram has convened a peace committee meeting on 12.02.2015 at 7.00 p.m. As both parties stick to their demand, adamantly the said peace committee meeting was adjourned as inconclusive. 14. The 6th respondent/Inspector of Police also states that the change of name is the main problem between the two villages. The Chidambarapuram village is dominated by Hindu population and whereas the Jacobpuram is dominated by R.C. Christian population. In fact, the 6th respondent/Inspector of Police also states that the Panchayat office and TDTA middle school are situated in Jacobpuram, but both the parties are adamant and both of them not agreeing to come to a peaceful solution. In this background, the appellant/7th respondent has applied for permission to conduct Christmas and New Year Festival related, cultured, sports and religious events for the year also as they did in the previous years. 15. The 6th respondent/Inspector of Police also states that the authorities are watching the situation with utmost care and no permission was granted to the 7th respondent so far. The request of the writ petitioner/first respondent to restrict the X-mas and New Year celebrations are not reasonable, but however, the matter is under consideration and orders on the representation are to be issued subject to the outcome of the orders of this Court in the writ petition. 16. In the said writ petition in W.P. (MD) No. 22472 of 2015, this appellant, who is the 7th respondent in the writ petition has also filed a counter affidavit by denying allegations made by the first respondent/writ petitioner.
16. In the said writ petition in W.P. (MD) No. 22472 of 2015, this appellant, who is the 7th respondent in the writ petition has also filed a counter affidavit by denying allegations made by the first respondent/writ petitioner. The appellant/7th respondent states that the filing of the writ petition is an abuse of the process of this Court as none of the rights of the petitioner is affected by the conduct of a private celebration of Christmas by the villagers of the Jacobpuram Village. The appellant/ 7th respondent also states that the writ petition filed in the nature of pubic cause and hence the petitioner is expected to give the undertakings which are required to give in the Public Interest Litigation, without such undertaking such writ petition is not maintainable and he also states that this is a clear attempt to oppress the rights of the minorities in exercising their fundamental right peacefully and without disturbance to anyone. Therefore, the appellant/7th respondent in his counter states that the writ petition is filed with mala-fide intention to disturb the Christmas celebration of the villagers of the Jacobpuram, which they are conducting for several decades, particularly more than 45 years. The appellant/ 7th respondent also states that the writ petition is not maintainable without impleading the villagers of the Jacobpuram village and CSI Church which conducts the said celebrations from 24.12.2015 to 01.01.2016 and his club has joined with them only to provide logistical support and infrastructure for the conduct of sports and events. The 7th respondent also states that the writ petition was filed by the writ petitioner with a mala-fide intention only against this 7th respondent, though his role is very limited in such celebration. 17. The appellant/7th respondent in the writ petition also states that in his counter that the Jacobpuram village along with the neighbouring Chidambarapuram village were originally under the jurisdiction of Pazhavoor Panchayat, Valliyoor Panchayat Union. In the year 1965 Chidambarapuram-Jacobpuram Panchayat was formed and since then there are disputes pending in respect of the name of the Panchayat as well as the inclusion or exclusion of areas within the Panchayat. The 7th respondent has not personally involved in the said dispute as the same is the subject of respective litigation. 18.
In the year 1965 Chidambarapuram-Jacobpuram Panchayat was formed and since then there are disputes pending in respect of the name of the Panchayat as well as the inclusion or exclusion of areas within the Panchayat. The 7th respondent has not personally involved in the said dispute as the same is the subject of respective litigation. 18. The appellant/7th respondent has put forth his case that the celebration of Christmas function in the Jacobpuram has nothing to do with the above dispute and that the petitioner with mala-fide purpose is attempting to rob their fundamental rights to celebrate their function in a peaceful manner and to draw a sadistic pleasure. 19. The appellant/7th respondent also states that Jacobpuram village has predominantly Christian population to an extent of more than 80% and that the majority among them belonged to Church of South India. The CSI, Tirunelveli Diocese has established a church known as St. James Church and is running a TDTA Primary School and a High School. Though, the said schools are minority schools situated in Jacobpuram, its admission is open to all and that students from Chidambarapuram is also studying in the said school. The school has a play ground of its own, owned by the C.S.I. Diocese. Besides, the C.S.I. Church and other churches have also been established by Christian subscribing to Pentecostal mission and Assembly of God. Though, there is a dispute with reference to the naming of the Panchayat and the inclusion and exclusion of the areas, there is no Christian – Hindu conflicts and that at ordinary level Christian and Hindus would mingle each other. 20. The appellant/7th respondent also states that in his counter in the writ petition that the C.S.I. Church and the Christian community would celebrate the Christmas as village event every year between 24th December to 1st January by having sports and cultural events. The Hindus from other villages and places would participate in the sports events by sponsoring their teams and in his memory there is no law and order situation during the celebration for the past more than 25 years. In fact, the 7th respondent also states that in his counter that this year also the celebrations are proposed between 24.12.2015 and 01.01.2016, where their sports club is providing infrastructural support.
In fact, the 7th respondent also states that in his counter that this year also the celebrations are proposed between 24.12.2015 and 01.01.2016, where their sports club is providing infrastructural support. All the celebrations are conducted within a private property viz., the TDTA play ground except the mini Marathon, for which they have sought permission from the Police. 21. The appellant/7th respondent also states that notice containing the list of events for the perusal of the Court and one and see that none of the events would remotely even be said objectionable. The writ petitioner has insulted the villagers of Jacobpuram and the Christian Community by referring them as henchmen and as if they are criminal elements. The attempt likely to create religious disharmony and to earn political mileage. Therefore, this appellant/7th respondent sought for the dismissal of the writ petition. 22. Considering the case of all parties, the learned Judge of this Court has passed the order is as follows: "4. However, without going into the merits of the matter, both the parties, namely, the petitioner and the 7th respondent agree that the Christmas Celebrations will be conducted at TDTA, Middle School Grounds, Chidambarapuram. This Court makes it very clear that the place Jacobpuram and Chidambarapuram cannot be interchanged in any of the pamphlets etc. for the purpose of Christmas or any other Celebrations. It is open to the 7th respondent to conduct the celebrations at TDTA, Middle School, Chidambarapuram. Since the police have already given conditions in respect of the Celebrations, the 7th respondent is directed to comply with the same." 23. Though the learned Judge granted permission to this appellant/7th respondent for celebrating the Christmas festival, but the learned Judge says that though the 7th respondent is permitted to celebrating the function, but this Court made clear that the place of Jacobpuram and Chidambarapuram cannot be interchanged in any of the pamphlets etc. for the purpose of Christmas or any other celebrations and the 7th respondent can conduct the celebrations by obeying the police conditions in respect of the 7th respondent. Challenging the order in so far as the findings allegations at TDTA Middle School at Chidambarapuram is concerned. This writ appeal has been filed by the 7th respondent, since the learned Single Judge is directed the 7th respondent, who is the appellant herein to conduct the celebrations of TDTA Chidambarapuram not in Jacobpuram. 24.
Challenging the order in so far as the findings allegations at TDTA Middle School at Chidambarapuram is concerned. This writ appeal has been filed by the 7th respondent, since the learned Single Judge is directed the 7th respondent, who is the appellant herein to conduct the celebrations of TDTA Chidambarapuram not in Jacobpuram. 24. We heard Mr. D. Shanmugaraj Sethupathi, learned counsel appearing for the appellant, Mr. Jameel Arasu, learned counsel appearing for the first respondent and Mr. S. Chandrasekar, learned Government Advocate appearing for the respondents 2 to 6 and perused the records. 25. The writ petitioner/first respondent herein had couched the prayer as if the TDTA Middle School situated in Chidambarapuram village, with malicious intention to construct record as though the above said school is situated at Chidambarapuram. Whereas, the above said School is situated at Jacobpuram only. The appellant/7th respondent also states that the learned Single Judge, without noticing the background dispute in this regard, has recorded in the operative portion of the order, giving liberty to the appellant to conduct celebration at TDTA Middle School, as if the School is situated at Chidambarapuram. 26. The learned Judge has also ought to have considered that the prayer in the writ petition itself is misconceived and not maintainable, since the writ petitioner/first respondent has sought direction to the authorities not to grant any permission to the appellant to hold any religious cultural activities. The writ petitioner had mislead the learned Judge as if the appellant is going to hold religious activities in the school ground. Since the appellant/7th respondent is the Secretary of a Sports Club by name St. James Sports Club. The above said Sports Club, in association with the Jacobpuram villagers has been conducting various sports events every year in the eve of Christmas and New Year and the above sports event cannot be termed as religious activities as alleged by the writ petitioner. 27. The appellant/7th respondent further states that the writ petitioner has also suppressed very many facts about various litigations between the parties with regard to location of Ward No. 2 (New Ward No. 5) of Chidambarapuram-Jacobpuram Panchayat and the writ petitioner had also suppressed the Decree passed by the Civil Court in O.S. No. 304 of 2006 in favour of the Villagers of Jacobpuram. The Ward No. 5 (Old Ward No. 2) of the Chidambarapuram-Jacobpuram has been called as Jacobpuram North Street.
The Ward No. 5 (Old Ward No. 2) of the Chidambarapuram-Jacobpuram has been called as Jacobpuram North Street. The records relating to the Local Administration reveals that Jacobpuram North Street is located in Ward No. 2 of Jacobpuram village. The suit in O.S. No. 7 of 2001 has been filed by the Villagers of Chidambarapuram against the Panchayat President, and the same was set aside by very same District Munsif Court in O.S. No. 304 of 2006 dated 30.09.2013. 28. During the course of arguments, the learned counsel appearing for the appellant/7th respondent has produced the judgment and decree in O.S. No. 304 of 2006 dated 30.09.2013 in which the suit filed by the villagers of Jacobpuram was decreed by declaring that the decree passed in O.S. No. 7 of 2001 is null and void. Therefore, it is made clear that the place of ward No. 2 (New No. 5) was declared as Jacobpuram North Street within Jacobpuram Village. The learned counsel appearing for the appellant/7th respondent also brought to our notice that no appeal was filed against the decree and judgment passed in O.S. No. 304 of 2006 dated 30.09.2013 and on the other hand, the first respondent/writ petitioner also not produced any record to show that an appeal has been filed against the suit decreed in O.S. No. 304 of 2006. 29. The appellant also brought to our notice that the appellant/7th respondent and villagers of the Jacobpuram are all belongs to the minority community following Christianity and they are being minority community people have constitutional protection under Article 25 and 26 of the Constitution of India, since the Article 25 and 26 of the Constitution of India guaranteed to the minority people to continue their belief and religious practise. He also stated that the people following Christianity have been conducting sports event on the occasion of Christmas and New Year as part of religious practise. But, they have not conduct any religious function as alleged by the writ petitioner. 30. Apart from this, we have also perused the records and counter affidavit filed by the 6th respondent/Inspector of Police attached to Palavoor Police Station has admitted at paragraph-8 of his counter affidavit by stating that this appellant/7th respondent has been conducting sports events in the TDTA School campus at Jacobpuram for the past 45 years, the relevant portion of the counter affidavit in para-8 as follows:- "8.
It is submitted that the 7th respondent herein is conducting a sports club and the said club is running cultural, sports and religious events in the TDTA School campus at Jacobpuram for the past 45 years. As usual, the 7th respondent has applied for permission to conduct the said religious, sports and cultural events on the eve of Christmas and New Year festivals for the period from 23.12.2015 to 01.01.2016 at T.D.T.A. Middle School ground situated at Jcobpuram...." 31. On gone through the counter affidavit filed by the Inspector of Police/6th respondent herein, who is the 5th respondent in the writ petition it is made clear that this appellant/7th respondent conducting a sports club and the said club is conducting cultural, sports and religious events for the past 45 years in the TDTA School, which is situated at Jacobpuram in Ward No. 2 (Old ward No. 5). Therefore, it is made clear that on the basis of the records and counter affidavit filed by the 6th respondent/Inspector of Police, Palavoor Police Station that the appellant/7th respondent has conducting the sports club and the said club is conducting cultural, sports and religious events in the name of South Indian Church by namely St. James Church and is running a TDTA Primary School and a High School and they have not conduct any religious function and said cultural and events also conducted only in the school campus at TDTA Middle school, Jacobpuram situated at Ward No. 2 (Old ward No. 5). Therefore, the very writ petition filed by the writ petitioner/first respondent is not maintainable and accordingly we are inclined to set aside the order of the learned Single Judge passed in WP (MD) No. 22472 of 2015 dated 22.12.2015 so far as the finding relating to the location of TDTA, Middle School as Chidambarapuram is concerned. 32. In the result, we are inclined to pass the following orders: (a) this writ petition is allowed by setting aside the order passed in W.P. (MD) No. 22472 of 2013 dated 22.12.2015 passed by the learned Single Judge of this Court, so far as the finding relating to the location of TDTA, Middle School as Chidambarapuram is concerned.
32. In the result, we are inclined to pass the following orders: (a) this writ petition is allowed by setting aside the order passed in W.P. (MD) No. 22472 of 2013 dated 22.12.2015 passed by the learned Single Judge of this Court, so far as the finding relating to the location of TDTA, Middle School as Chidambarapuram is concerned. (b) the appellant/7th respondent is hereby permitted to conduct the celebrations of cultural sports event at TDTA Middle School campus situated at Jacobpuram at Ward No. 2 (Old ward No. 5) by scrupulously following the conditions imposed by the Inspector of Police, Pavaloor Police Station/6th Respondent herein. (c) the 6th respondent/Inspector of Police, Palavoor Police Station is hereby directed to give adequate police protection to conduct all the cultural sports event by the appellant/7th respondent at the TDTA campus situated at Jacobpuram in Ward No. 2 (Old Ward No. 5) on the eve of Christmas and New Year festival. 33. Accordingly, the writ appeal is allowed in the above terms. No cost. Consequently, connected miscellaneous petition is closed.