The main legal point established is the importance of following the legal procedure in registering FIRs and considering representations for the registration of FIRs against alleged violations of the law.

V.M. Velumani, J.

1. The petitioner, who is a practising Advocate in this Court, has filed the present writ petition as a Public Interest Litigation praying for issuance of a writ of mandamus directing the third and fourth respondents to ensure the registration of the First Information Report on the basis of the representation dated 04.02.2014 submitted to the fourth respondent and the representation dated 07.03.2014 sent to the Governor of Tamilnadu and that the same should be entrusted to the fifth respondent for investigation as per law; directing the fifth respondent to depute an officer not below the rank of the Deputy Superintendent of Police known for his/her integrity and efficiency to investigate the matter according to law; directing the first and third respondents to ensure preventing You Tube or any other websites from exhibiting the contents of the public speech of Mr. H. Raja, the vice president of the State unit of the BJP which is the subject matter of this writ petition; directing the first and third respondents to give suitable instructions to the officials concerned to keep vigil; to take necessary action against those who are making inflammatory and instigative speeches and publications having overtone of communal hatred and animosity between different sections of people.

2. According to the petitioner, he is a member of an informal team of advocates and social activists working for the promotion of rule of law, secularism, human rights and social justice. He would submit that the members of the said team were shocked and worried about the on-going fundamentalist inflammatory campaign launched by the sixth respondent namely, Mr. H. Raja, one of the leaders and Vice President of the State unit of the Bharathiya Janatha Party (BJP), a national party. He has taken an extreme level of hatred, false and malicious propaganda against E.V.R. Periyar, Muslims and Christians in his inflammatory public speech and the same has been uploaded in the 'you tube video' website for the public. The petitioner and the members of his associations came to know about the speech of the sixth respondent through one of the articles which appeared in a Tamil daily 'The Hindu' on 26.01.2014 under the caption "Tamil" authored by Mr. Gnani, a popular Tamil Writer.

3. In a meeting at Chennai on 30.01.2014 with regard to the uncivilized, barbaric and unconstitutional attack made by the sixth respondent against E.V.R. Periyar, Muslims and Christians without any element of justification for such propaganda, all the members decided that action must be taken by the authorities concerned against the sixth respondent. On 04.02.2014, many leaders of other organizations joined with the petitioner's team and assembled near the office of the fourth respondent to submit their representation to him. The fourth respondent met only six of the front runners of the organizations and received their representation and assured that he would take suitable action as per law. Also, various organizations and law students met at Madurai and had a discussion and a representation dated 07.03.2014 was sent to the Governor of Tamilnadu with the signature of 53 dignitaries, but no action is taken so far.

4. It is the case of the petitioner that the contents of the speech of the sixth respondent are in violation of the existing constitutional and other laws of the land, especially, it attracts Sections 295(A), 505(1)(b)(c)(2) of the Indian Penal Code. Therefore, he has filed the present writ petition for issuance of a writ of mandamus seeking the aforesaid reliefs.

5. Respondents 3 and 4 have filed a counter denying the allegations made by the petitioner. According to respondents 3 and 4, the leaders of the petitioner organization met the fourth respondent on 04.02.2014 at his office and submitted their memorandum. The grievance of the petitioner was heard and it was assured that after following the procedure, action will be taken on the memorandum received. The sa