CHANDRAN Vs. SUPERINTENDENT OF POLICE TENKASI

JUDGEMENT

(1.) This petition has been filed challenging the impugned order passed by the second respondent in Na.Ka.No.341/Camp/SDO-P/2019, dated 08.12.2019 and consequently, seeking a direction to the second respondent to grant permission and protection for the function of Vannik Kaaladi Anniversary and procession with his Photo and taking 'Palkudam' and 'Mulaippari' on 20.12.2019 from 07.00 a.m., to 07.00 p.m., at Patchery Village, Nelkattumseval, Sivagiri Taluk, Tenkasi District.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is a Nattanmai of Patchery Village and he belongs to a Devendrakula Vellalar community and that 400 people belonging to his community are there in his village and that they are maintaining communal harmony with the other people. He would further submit that the members of his village have decided to celebrate the anniversary of Mr.Vennik Kaaladi, who has fought against the British Rule in India. He would further submit that the anniversary has been celebrated on the 20th of December every year and accordingly, the petitioner had sent a representation on 03.12.2019 to the respondents to give permission to conduct the function. However, the second respondent, by his communication dated 05.12.2019, asked the petitioner to appear on 07.12.2019 at 10.00 am and to submit his explanation. He would further submit that the petitioner submitted his explanation, whereas the second respondent, by proceedings dated 08.12.2019, without any valid reasons, has rejected the request of the petitioner to conduct the function.

(3.) The learned counsel would further submit that earlier even during the last year, the petitioner had applied for permission to conduct the function and it was rejected by the respondent police thereby the petitioner had approached this Court for filing W.P.(MD)No.24757 of 2018 and this Court, by order dated 19.12.2018, directed the respondents to grant permission to the petitioner to conduct the function and after complying with the conditions imposed by the respondent police. He would further submit that the petitioner also appeared before the respondent police and given undertaking to comply with the conditions imposed by the respondent police. Based on which, last year, the function was conducted without any law and order problem. He would further submit that since no undue incident took place, a direction may be issued to the respondent police to grant permission to conduct the programme at the same place where the function was conducted last year i.e., at S.No.743/3 Nerkattumselval village.