T ELANGO Vs. HOME SECRETARY SECRETARIAT; DIRECTOR GENERAL OF POLICE TAMIL NADU POLICE; DISTRICT COLLECTOR DHARMAPURI DISTRICT; SUPERINTENDENT OF POLICE; INSPECTOR OF POLICE; REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The Writ Petition has been filed for a mandamus, to direct the respondents to consider the petitioner's representation dated 30.06.2014 and pass appropriate order and further to direct them to allow the petitioner's family, friends and well wishers to pay homage to the petitioner's deceased son's cemetery in the day of first anniversary on 04.07.2014 and pass appropriate orders.

(2.) The grievance of the petitioner, who is the father of the deceased, is that due to untoward incident his son died in tragic circumstances and according to him, it is a honour killing. In any view of the matter, without creating any law and order problem by co-operating with all the police officials, the petitioner is prepared to pay homage to the departed soul on his first anniversary, for which, he has made an application, which has not been considered by the respondents; but taking into consideration that the event is to take place tomorrow i.e., 04.07.2014, he seeks for a mandamus directing the respondents to consider his representation, especially permitting him to pay homage in the way of prayer and seeking solace for the departed soul. He also undertakes that under the guise of this order or permission, he will not conduct any public meeting; he will not create any law and order problem and he will not be in any way responsible for any untoward incident to take place in and around that area and he will co-operate with the police officials to pay homage in a peaceful manner by taking limited number of persons to that place with him.

(3.) The learned Government Pleader brought to the notice of this Court that this will create law and order problem in that area. In fact, the Superintendent of Police has given a report that there might be a law and order problem. In fact, alert notice has been given to the police officials concerned to maintain peace in the area. It is brought to the notice of this Court that taking into consideration the over all situation, the Revenue Divisional Officer, Dharmapuri, has initiated proceedings under Section 145 of Cr.P.C. and detained more than four persons for questioning. But, at the same time, the Government has also taken into consideration the sentiments of the Villagers. In such view of the matter, the respondents are prepared to allow the petitioner and his family members, close kith and kin alone to go to the spot and to pay homage or to pay respect or to pray for the departed soul. To that extent alone, the petitioner can be permitted for a particular period to be specified by this Honourable Court, for which, the respondents have agreed. However, in the guise of paying homage, the petitioner should not bring any 'political leaders' or conduct political meetings or any other attempt to create law and order problem in that area. The learned Government Pleader specifically opposed the contention raised by the petitioner that the death of the son of the petitioner was due to a honour killing.