The central legal point established in the judgment is the need to balance fundamental rights, particularly the right to attend a funeral ceremony, with law and order concerns, as evidenced by the court's direction to consider the petitioner's request in light of the prevailing situation.

V. Dhanapalan, J.

1. Challenging the order dated 04.07.2013 passed by the District Magistrate and District Collector/2nd respondent herein, in ROC No.28026/2012/C1, and seeking to quash the same with a consequential direction to the respondents to permit him to enter into Dharmapuri District, the petitioner has filed the present Writ Petition.

2. Facts leading to filing of the Writ Petition, as put forth by the petitioner in his affidavit, are as follows:

2.1. A Dalit boy, viz., Elavarasan married one Divya, belonging to Vanniar community, on 07.11.2012 and the same was opposed by people of Vanniyar Community, due to which, three Dalit Villages, namely, Natham, Kottampatti and Anna Nagar in Dharmapuri District were burnt by anti-social elements, which resulted in ex-communication of Elavarasan and Divya from the village and they lived together in the outskirts of Natham village.

2.2. Pursuant to filing of Habeas Corpus Petition before this Court, Divya appeared before this Court and on 03.07.2013, she expressed her unwillingness to go with Elavarasan. Thereafter, Elavarasan died in a suspicious manner on 04.07.2013 near Thadangam Railway Track, about 12:30 p.m. Probe is being conducted by the local Police along with the Railway Police Department as to nature of his death.

2.3. The petitioner, being a Member of Parliament and also the President of Viduthalai Chiruthaigal Katchi, is to necessarily attend the funeral ceremony of Elavarasan scheduled to be held on 09.07.2013. Since the 2nd respondent/District Collector had passed the prohibitory order under Section 144(1) of the Code of Criminal Procedure, 1973, against caste leaders, including the petitioner, he is not in a position to enter into Dharmapuri District in order to pay homage to the deceased Elavarasan and console his family members. Therefore, the petitioner, besides pleading that the impugned order is violative of Article 19 (1)a(b) of the Constitution of India, seeks to set aside the same on the following grounds:

(a) that the impugned order is illegal, arbitrary and improper exercise of power;

(b) that the 2nd respondent had failed to see that no caste leaders create any law and order problem following the incident dated 07.11.2012, in which three Dalit Villages were completely burnt and the valuables of Dalit people were looted by anti-social elements;

(c) that the impugned order curtails the very movement of Dalit leaders even to console the family members of Elavarasan;

(d) that the impugned order is violative of Articles 14 and 19(a)(b)(c)(d) of the Constitution of India and no opportunity of hearing was given to the petitioner before passing the impugned order.

3. The 1st respondent has filed counter affidavit, wherein it is stated as follows:

(i) The body of one Elavarasan was found in the Railway Track near Government Arts College, Dharmapuri on 04.07.2013 and the Police authorities visited the spot and started investigation. The body was sent for Post-mortem on 05.07.2013 to the Government Medical College Hospital, Dharmapuri. A team of three Doctors conducted Post-mortem on the body of the said Elavarasan and thereafter, as per the orders of this Court, the body is kept in the mortuary at Government Medical College, Dharmapuri for further examination.

(ii) After the death of the said Elavarasan, there exists threat to law and order situation in Dharmapuri District and due to a riot conducted by one set of people on the houses of Natham Colony, Dharmapuri, on 07.11.2012, serious law and order problem spread over the District and other Northern Districts also. In order to prevent untoward incidents, the 2nd respondent promulgated proceedings under Section 144 Cr.P.C. in Dharmapuri District, vide ROC No.2802/2012/C1 dated 04.07.2013 and about 1000 police personnel of various categories have been engaged by the Government to have control over the law and order situation in that area, besides initiating relief measures.

(iii) On receipt of Intelli