S JAYAPRAKASH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the fourth respondent dated 11.12.2017 and quash the same and consequently to direct the respondents to accord permission and provide police protection to the petitioners Christmas celebration scheduled on 25.12.2017 at Survey No.119/4A, Thumbacode Village, Kalkulam Taluk, Kanyakumari District.

(2.) The petitioner states that he is a native and resident of Aramannam. It is stated that the Christian residents of petitioner's place and believers of Christian faith had registered a Society in the name of "Zion Christhava Narpani Mandram" in the year 2010. It is further stated that the birth of Jesus Christ is celebrated as Christmas on 25th December every year throughout the world and that the day is marked by every Christian to have a special prayer, religious ceremonies in churches, cultural and sports events for children, carols and prize distribution, speeches, songs and distribution of welfare measures to the poor and needy. It is stated by the petitioner that the petitioner's mother used to permit the society to use her private patta land situated in Survey No.119/4A, Thumbakodu Village, Kalkulam Taluk, Kanyakumari District to celebrate Christmas. It is further stated that for the passed few years, the police authorities declined permission to the petitioner to celebrate Christmas, in the patta land, citing law and order situation. In all the earlier occasions, the only reason stated by the respondent police is that a Hindu group is also celebrating their pooja and thiruvizha during the same time. It is further stated that the Hindu group is performing their pooja at a Kavu situated beyond 300 meters from the patta land, in which the petitioner and his people proposed to celebrate Christmas.

(3.) In the year 2011, the petitioner society by name, "Zion Christhava Narpani Mandram" filed a writ petition in W.P. (MD)No.14556 of 2011, seeking a direction from this Court to grant permission to the writ petitioner to conduct Christmas festival with public address from 25.12.2011 to 26.12.2011. A similar writ petition has been filed in W.P.(MD)No.14414 of 2011 by an individual by name, T.Vinil Kumar, seeking permission to hold and celebrate 23rd Annual festival and 14th Mandala Pooja of Sri Saptha Mathargal Thirukovil, Kavuvilai, Aramannam in Kanyakumari District between 24.12.2011 and 27.12.2011. This Court found and observed that unless some methodology is worked out, either permission cannot be granted to both or permission has ben granted to both. Since refusal to grant permission to both, will only aggravate the tension, this Court granted permission to both with certain directions.