This petition raises an interesting question of law, namely, whether the right to recite sankalpams to such persons as bathe in the holy pushkarani thirtham in Thirumalai Hills and want sankalpams will fall within the scope of section 147, Criminal Procedure Code, if there is a likelihood of the breach of the peace. The petitioner claims to have exercised that right exclusively since 1923 at leasts and characterises the counter-petitioners as recent interlopers usurping his right. Once he and they are said to have fought over it. Later on the counter-petitioners are said to be taking to their heels whenever they see the petitioner and his men approach. The learned Sub-Divisional Magistrate initiated proceedings under section 147, Criminal Procedure Code, when asked to rescind the orders of the Sub-Magistrate refusing to pass orders under section 144, Criminal Procedure Code and pass orders under section 144, Criminal Procedure Code and then, dropped the proceedings on the ground that the counter-petitioners were running away at the very sight of the petitioner and so there was no likelihood of a breach of the peace. The reason is not convincing, as even running persons may be