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2024 Supreme(Online)(MAD) 43262
HIGH COURT OF MADRAS
M. NIRMAL KUMAR, J
Vennikkaladi Vagayara Nala S – Appellant
Versus
The Superintendent of Police – Respondent
W.P.(MD)No.30498 of 2024
For Petitioner:Mr.R.L.Dhilipan Pandian, For Respondents: Mr.A.Thiruvadikumar Additional Public Prosecutor, Mr.C.Mayil vahana Rajendran Proposed parties
The court emphasized the need for public order during assemblies, allowing the event under strict conditions to prevent communal tensions.
Headnote:(A) Writ of Mandamus - Seeking permission for a public function - The petitioner requested permission for a remembrance day function on 20.12.2024, citing previous court orders allowing similar events without law and order issues - The court directed adherence to specific guidelines to ensure public peace and safety during the event. (Paras 3, 6)
(B) Public Order - The court emphasized the importance of maintaining public order and tranquility, imposing conditions on the event to prevent communal tensions and ensure compliance with law enforcement directives. (Paras 6)
Facts of the case:
The petitioner sought permission for a remembrance day function for Vennikkaladi on 20.12.2024, highlighting previous court approvals for similar events. The police expressed concerns over potential communal issues.
Findings of Court:
The court permitted the remembrance day function under strict conditions to ensure public order and safety.
Issues: The main issues included the balance between the right to assemble and the necessity of maintaining public order.
Ratio Decidendi: The court ruled that while the right to assemble is fundamental, it must be exercised with due regard for public safety and order, necessitating guidelines to prevent disturbances.
Result: Writ Petition disposed of with directions.
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to consider the representation dated 04.12.2024 and grant permission to conduct death anniversary function and allow people from all over Tamil Nadu to participate in the function on 20.12.2024 by providing adequate police protection
2. The petitioner has sent a representation on 04.12.2024 stating that on 20.12.2024 all followers of Vennikkaladi dependants of Pulithevan are to participate for the remembrance day. The respondent police till now has not granted any permission. The petitioner further submitted that 20.12.2024 is being celebrated in respect of remembrance of Vennikkaladi, hence it will only befitting for every one to participate in the remembrance day.
3. The learned Additional Public Prosecutor submitted that since there is a law and order issue and likelihood of turning into communal issue, the respondent police are very cautious and assessing the ground reality. There are groups claiming pride in conducting the festival, hence peace committee meeting was held by Tahsildhar on 12.12.2024 wherein from 'A' Group-Paunraj, Kethiraja, Selvam, Madasamy and from 'B'Group – Chandran, Muneeswaran, Palanikumar,Pillayar,Vellapandi, Thirumalai, Kaliraj, Karuppasamy and Marisamy were summoned and participated. Earlier this Court in W.P(MD) No.24757 of 2018 by order dated 19.12.2028 and in W.P(MD)Nos.30123 and 30046 of 2023 dated 19.12.2023 had also by order dated 19.12.2024 considering the situation had permitted the remembrance day of Vennikkaladi to be conducted without any law and order problem. Further had given a slew of directions. The respondent police are will grant permission to the conduct of the remembrance day with some conditions as given by this Court in WP(MD) No.24757 of 2018.
4. The learned counsel appearing for the petitioner submitted that even the Chief Minister of Tamil Nadu had ordered the statue of Vennikaladi to be installed involving Rs.50 lakhs and the Government has also acknowledged the heroism of Vennikaladi
5. The learned Additional Public Prosecutor submitted that pursuant to the representation of the petitioner, peace committee meeting was held and it was agreed that remembrance day can be conducted on 20.12.2024 between 8.00 a.m., and 10.00 a.m., as per the guidelines issued by this Court in W.P(MD) No.24757 of 2024
6. In view of the same, the petitioner is directed to follow the guidelines issued by this Court in W.P(MD) No.24575 of 2018 which reads as follows: i) the petitioner shall undertake and ensure that the function will be attended only by the people belonging to Patchery Village, Nerkattum Seval Sivagiri Taluk and no outsider shall participate and that the petitioner and his people will not commute to the venue of the function in any vehicle;
ii)The Vennik Kaaladi Anniversary should be completed within the time frame fixed by the respondent police i.e. 08.00 am to 10.00 am and the petitioner and other participants shall disburse immediately after the function from the venue;
iii) The petitioner and other participants shall not use any public address system or shout, raise any slogan for or against any community party or community or party leader or any caste, community or creed;
iv) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;
v) The participants of the function shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance;
vi) Songs praising communal leader or having communal overtones should not be played;
vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;
viii) There should not be any Flex Boards representing any community or political leaders;
ix) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and sto
