JUDGMENT :

N.KIRUBAKARAN, J.

People can be religious;

Men may be communal;

Whether roads could be communal?

This is the question raised in these appeals.

2. These appeals have been filed against the common order passed by the learned Single Judge dated 21.12.2018 by which the learned Judge had modified the conditions No.1 to 3 and 6 to 8 contained in the order passed by the third respondent/Deputy Superintendent of Police, dated 12.10.2018.

3. For the sake of convenience, M.Ramasamy Udayar, the appellant in W.A.No.743 of 2019, who is the original Writ Petitioner is herein after referred as “petitioner” and Sunnath Val Jamath, the appellant in W.A.No.2064 of 2019 is referred to as “private respondent”, as per the array of parties in the original writ petition.

4. The facts of the case are as follows:

(a).The property comprised in S.F.No.119/1 of V.Kalathur Village, Veppanthatai Taluk, Perambalur District is the disputed site which has given raise to the above proceedings. V.Kalathur Village consists of both Muslims and Hindus population. On the Eastern side of the village Muslims are residing and on the Western side of the village, Hindus are residing. Right from the year 1951 onwards there is a dispute between the two religious groups regarding the usage of 96 cents of Government Poramboke land in S.F.No.119/1. Muslims wanted the land to be used as common place whereas the Hindus claim long use of Poramboke land and objected to common usage. Many clashes have also taken place between the two religious groups with regard to the said site pursuant to which many cases have also been filed against both the groups. Both the parties also approached the Police by way of complaints and Courts by filing writ petitions.

(b). While things stand so, the petitioner sought for permission to conduct festival for the temples in V.Kalathur village and the same was granted with certain conditions. In view of the earlier disputes and clashes between the two religious groups, an order came to be passed by the Revenue Divisional Officer under Section 144 of Cr.P.C from 28.09.2018 to 04.10.2018.

(c). Writ petition was also filed by the petitioner in W.P.No.26114 of 2018 challenging the order passed by the second respondent viz., Revenue Divisional Officer initiating proceedings under Section 144 Cr.P.C from 28.09.2018 to 04.10.2018 and further direction to permit the petitioner to celebrate three days festival in the village temples.

(d). The petitioner approached the authorities seeking to perform Oorani Pongal Vizha on 28.09.2018 and the third respondent viz., Deputy Superintendent of Police granted permission imposing certain conditions by an order dated 23.09.2018 including conditions with regard to the conduct of procession. The said order passed by the third respondent was challenged before this Court in W.P.No.25501 of 2018. The petitioner sought for further direction to the respondent to permit the petitioner to celebrate the village festival for three days from 12.10.2008 to 14.10.2018.

(e). Another writ petition in W.P.No.28016 of 2018 was also filed by the petitioner challenging the order dated 12.10.2018 passed by the third respondent viz., Deputy Superintendent of Police and seeking further direction to permit the petitioner to conduct temple celebration and procession of Mariamman Temple as per the customs on 26.10.2018, 27.10.2018 and 28.10.2018.

(f). All the aforesaid three writ petitions were disposed of by a common order dated 21.12.2018 by the learned single Judge modifying the conditions imposed in the impugned order. As against the said common order, two writ appeals have been filed. The Writ Appeal in W.A.No.743 of 2019 is filed by M.Ramasamy Udayar against the order passed in W.P.No.28016 of 2018 and the W.A.No.2064 of 2019 was filed by Sunnath Val Jamath against the order passed in W.P.No.28016 of 2018.

(g). When the matter came up before the learned Single Judge, the learned Single Judge tried to solve the matter by appointing Mr.V.Lakshm