Madras High Court
A.Habibur Rahman vs State Of Tamil Nadu on 6 June, 2022
W.P.No.6859 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.6859 of 2014 and
W.M.P.Nos.1 & 2 of 2014
A.Habibur Rahman ...Petitioner
Vs.
1.State of Tamil Nadu,
Rep. By its Secretary to Home Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director General of Police,
O/o. The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai – 600 004.
3.The Deputy Inspector General of Police,
O/o. The Deputy Inspector General of Police,
Trichirapalli – 620 020.
4.The District Collector,
O/o. The District Collector,
Perambalur Collectorate,
Perambalur.
5.The Superintendent of Police,
O/o. The Superintendent of Police,
Perambalur District.
6.The Deputy Superintendent of Police,
O/o. The Deputy Superintendent of Police,
Perambalur District.
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W.P.No.6859 of 2014
7.The Revenue Divisional Officer,
O/o. The Revenue Divisional Offier,
Perambalur.
8.The Tahsildhar,
O/o. The Tahsildhar,
Veppanthattai Taluk, Perambalur District.
9.The Inspector of Police,
V.Kalathur Police Station,
Veppanthattai Taluk, Perambalur District.
10.M.Ramasamy Udaiyar ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, directing the respondents 1 to 9
to issue stringent guidelines and restriction orders relating to holding of
religious processions in V.Kalathur Village and restrain the 10th
respondent, his men, his group or any other group of men from
conducting processions through Muslim localities and execute the
recommendations of the Fact Finding Committee's Report dated
08.03.2013 and not to permit any procession through the Bazaar street,
Chinna Street, Nadu Street, West Street, Pallivasal (Mosque) Street
situated at V.Kalathur Village, Veppanthattai Taluk, Perambalur District
and to find means, make policies, take progressive steps to protect the
Constitutional, Fundamental and Human Rights of Minorities, to dilute,
stop communal hatred and disharmony against Muslims and other
minorities in V.Kalathur Village and ultimately put an end to any
untoward incidents on religious grounds, promote amity among the
people.
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W.P.No.6859 of 2014
For Petitioner : Mr.S.Kumara Devan
For Respondents : Mr.U.Bharanidharan
Addl. Govt.Pleader for R1 to R9
Mr.G.Karthikeyan for R10
ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus directing the official respondents to fix stringent guidelines
and restriction orders with regard to holding of religious processions in
V.Kalathur village which, according to the petitioner is a sensitive area
consisting of Muslim population.
2.The learned counsel for the 10th respondent brought to the
notice of this Court the judgment passed by the Hon'ble Division Bench
in W.A.Nos.743 & 2064 of 2019 dated 30.04.2021. The Division Bench
went into the very same issue and held as follows:-
“26.Hence, it is hereby declared,
1.Once it has been declared by the authorities as
roads or streets as per Section 180-A of the District
Municipalities Act, the roads and streets which are
“secular”, should be used as roads by all the people
irrespective of their religion, case or creed.
2.Any procession including religious procession
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W.P.No.6859 of 2014
shall be conducted through all the roads and streets without
any restriction.
3.Any procession including religious procession
cannot be prohibited or curtailed merely because another
religious group is residing or doing business in the area
predominantly.
4.There cannot be a prohibition for any
procession including religious processions through roads by
the District administration or police authorities and there
can be only regulation by the police or other Government
authorities to see that no untoward incident occurs or any
law and order problem arises.
5.Every religious group has got fundamental right
to take out religious procession through all the roads
without insulting the other religious sentiments and without
raising any slogans against other religious groups, affecting
their sentiments, public law and order.
6.Merely because there is one place of worship
belonging to other religious group, the same cannot be a
ground to decline/deny permission to conduct procession
including religious procession of other religions to go
through those roads and streets.
7.The presence of religious structures/places of
worship cannot take away the right of other religious
groups who have been enjoying all the rights including the
conduct of religious procession for the past many years.
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W.P.No.6859 of 2014
8.The criminal cases filed against both the parties
are directed to be withdrawn.”
3.Heard Mr.S.Kumara Devan, learned counsel appearing for
the petitioner, Mr.U.Bharanidharan, learned Additional Government
Pleader for R1 to R9 and Mr.G.Karthikeyan, learned counsel appearing
for the 10th respondent.
4.In the considered view of this Court, a direction cannot be
issued to the respondents to come up with fixed guidelines with regard to
taking procession, since it will depend upon the area where such a
procession is undertaken. Leverage must be given to the police to decide
upon the directions issued by them considering the sensitiveness of the
area. Ultimately, the processions can be taken only after appropriate
permission is granted by the police and the police will be the right person
to decide upon the same in line with the observations made by the
Hon'ble Division Bench in the Writ Appeal mentioned supra.
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W.P.No.6859 of 2014
5.Hence, the direction as sought for by the petitioner cannot be
granted by this Court. This Writ Petition is disposed of, accordingly. No
costs. Consequently, connected miscellaneous petitions are closed.
06.06.2022
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking
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W.P.No.6859 of 2014
To:-
1.The Secretary to Home Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director General of Police,
O/o. The Director General of Police,
Kamarajar Salai, Mylapore,
Chennai – 600 004.
3.The Deputy Inspector General of Police,
O/o. The Deputy Inspector General of Police,
Trichirapalli – 620 020.
4.The District Collector,
O/o. The District Collector,
Perambalur Collectorate,
Perambalur.
5.The Superintendent of Police,
O/o. The Superintendent of Police,
Perambalur District.
6.The Deputy Superintendent of Police,
O/o. The Deputy Superintendent of Police,
Perambalur District.
7.The Revenue Divisional Officer,
O/o. The Revenue Divisional Offier,
Perambalur.
8.The Tahsildhar,
O/o. The Tahsildhar,
Veppanthattai Taluk, Perambalur District.
9.The Inspector of Police,
V.Kalathur Police Station,
Veppanthattai Taluk, Perambalur District.
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W.P.No.6859 of 2014
N.ANAND VENKATESH, J.
KKN
W.P.No.6859 of 2014
and
W.M.P.Nos.1 & 2 of 2014
06.06.2022
https://www.mhc.tn.gov.in/judis
