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2015 Supreme(Mad) 1541
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. MANIKUMAR & G. CHOCKALINGAM, JJ.
Dr. Ambedkar Mandran-Thiruchuli, rep. by its President M. Murugan – Appellant
Vs.
The Superintendent of Police, Virudhunagar District & Others – Respondent
W.P.(MD).No. 5630 of 2015 & M.P.(MD).No. 1 of 2015
Decided On : 13-04-2015
For the Petitioner:R. Singaravelan for G. Thalaimutharasu, Advocates.
For the Respondents:K. Chellapandian, Addl. Advocate General assisted by M. Alagadevan, Special Government Pleader.
Headnote:
Police Act - Section 30 - Birthday and death anniversaries – Jurisdiction – Lead evidence - According to petitioner has been conducting programmers celebrating of Birthday on every year at for past - Some of the members belonging to weaker sections of Society have also put-up construction near statue has been installed in a vacant place. According to the petitioner, people belonging to various communities garland statue of on his Birthday and death anniversaries. So far, there is no communal disharmony in said place between any sections of Society - Petitioner has further contended that wanted to celebrate Birth Anniversary of by distributing sweets conducting and welfare assistance programmers, to people District – Held, Function shall be conducted between and the function shall confine strictly as per the program, i.e. Distribution of penal sweets, savories, followed by Anna and welfare assistance - Organizers shall not raise any slogans offending any individual belonging to political parties or leaders of any other section of Society - Organizers and the participants of the said function shall not carry any flex boards or placards which may cause communal disharmony and use of loudspeakers should be within the permissible limits - Respondents are directed to ensure that the Organizers of the function shall give an undertaking that they would maintain communal harmony and that public peace and tranquility are maintained - Organizers of meeting shall also abide by such other reasonable conditions that may be imposed by respondent police - Organizers of function shall follow above conditions scrupulously - If there is any violation of conditions imposed by this Court in addition to any of reasonable conditions imposed by respondents they are entitled to take action as per law - It is made clear that prevention of any untoward incident should be prime consideration of law enforcement agency - Police is permitted to impose reasonable restrictions, while regulating traffic - It is made clear that under guise of traffic regulation, stringent conditions should not be imposed, except to maintain law and order - For the reasons stated supra COURT are inclined to set aside impugned order in passed by the Deputy Superintendent of Police Sub- Division Sub-Division and accordingly set aside – Consequently court issue a direction to the respondents to grant permission to the petitioner to celebrate Birthday Anniversary distributing sweets conducting Anna and granting Welfare Assistance to the poor people at Ground District, between subject to the following conditions – petition disposed of
S. Manikumar, J
1. Dr.Ambedkar Mandram, Thiruchuli, represented by its President Mr.M.Murugan, Virudhunagar District, has filed a writ of certiorarified mandamus, to quash order of the Deputy Superintendent of Police, Aruppukottai Sub-Division, Thiruchuli Sub-Division (in-charge), Thiruchuli, the 2nd respondent herein, in Na.Ka.No.70/Ka.Thu.Ka/Thiruchuli/2015, dated 12.04.2015, and consequently, sought for a direction the respondents to grant permission and provide adequate police protection to celebrate Dr.Ambedkar's 125th Birthday Anniversary on 14.04.2015, by distributing sweets, conducting Annadhanam and Welfare Assistance programmes, to the poor people at 'Dr.Ambedkar Ground' (Thidal), Thiruchuli, Virudhunagar District.
2. According to the petitioner, Dr.Ambedkar Mandam, Thiruchuli, has been conducting programmes celebrating of Dr.Ambedkar's Birthday on the 14th of April, every year, at Dr.Ambedkar Thidal (Ground), for the past 30 years. Some of the members belonging to weaker sections of the Society have also put-up construction near the Thidal. Dr.Ambedkar's statue has been installed in a vacant place. According to the petitioner, people belonging to various communities garland the statue of Dr.Ambedkar on his Birthday and death anniversaries. So far, there is no communal disharmony, in the said place between any sections of the Society.
3. The petitioner has further contended that Dr.Ambekdar's Mandram, Thiruchuli, wanted to celebrate the 125th Birth Anniversary of Dr.Ambedkar on 14.04.2015, by distributing sweets, conducting Annadhanam and welfare assistance programmes, to the people, at Dr.Ambedkar Thidal, Thiruchuli, Virudhunagar District. In this regard, it was decided to submit a petition to the Sub-Inspector of Police, Thiruchuli Police Station, seeking permission. On 09.04.2015, P.Karuppaiah, Sri Ganesh Radios, Thiruchuli, has submitted an application to the Sub-Inspector of Police, Thiruchuli Police Station, to permit him to have loudspeakers, for the aforesaid programmes, scheduled on 14.04.2015. On 10.04.2015, Mr.Ilavarasan, Secretary, Dr.Ambedkar Mandram, Thiruchuli, has submitted a petition to the Sub-Inspector of Police, Thiruchuli Police Station, to grant permission to conduct the said programmes at 10.00 a.m., on 14.04.2015. In the petition, dated 10.04.2015, it is stated that the Tahsildar, Thiruchuli, has agreed to participate.
4. In addition to the above, Mr.R.Singaravelan, learned counsel appearing for the petitioner, contended that till 09.04.2015, there was no law and order problem in the area nor there was any communal disharmony. According to him, during a temple car festival, some children, who attended the temple festive, picked up quarrel between themselves, and that they were taken to the police station. Being aggrieved over the same, people belonging to some sections of the Society had an issue with the police and for not handling the situation properly, the Inspector of Police, Thiruchuli Police Station, was transferred on 09.04.2015 and only because of that incident, the Deputy Superintendent of Police, Aruppukottai Sub- Division, Thiruchuli Sub-Division (in-charge), Thiruchuli, has passed the impugned order, rejecting the request of the petitioner to celebrate Dr.Ambedkar's 125th Birth Anniversary, at Dr.Ambedkar Thidal, stating that there would be a law and order problem.
5. Mr.R.Singaravelan, learned counsel appearing for the petitioner further submitted that Dr.Ambedkar was a National Leader and also the Father of our Constitution and that his birthday is being celebrated everywhere. According to him, celebration cannot be curtailed, unless and until there are materials to indicate likelihood of breach of peace, and consequently any law and order problem. According to him, for many years, there was no incident in the said area, warranting restriction for celebration of Dr.Ambedkar's Birthday anniversary. It is his further submission that the impugned order is only due to the ineffec
