@JUDGMENTTAG-ORDER
M. Jaichandren, J.@mdashHeard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Advocate General
appearing on behalf of the respondents. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified
Mandamus to call for the records of the impugned order of the second respondent, dated 8.9.2013, and quash the same, as it is illegal, arbitrary,
and against the provisions of Articles 17, 19(b) and 21 of the Constitution of India and to direct the respondents 2 to 7 to grant permission to the
petitioner, his party volunteers and the other people, from the various districts of the State of Tamil Nadu, to participate in the ""Thiyagi Immanual
Sekaran Memorial Day Function"" to be held, on 11.9.2013 and the ""Thevar Gurupooja"" function to be held, on 30.10.2013, by using private
vehicles and to provide adequate police protection during the said celebrations.
2. The petitioner has stated that he is the District Secretary of the ""Tamilagha Makkal Munnetra Kalazham"", for Thanjavur District, and he is a
practising advocate. This Writ Petition has been filed by petitioner as a ''Public Interest Litigation'', on behalf of the marginalized people, such as
the Schedule Castes and the economically disadvantaged groups.
3. It has been further stated that the petitioner has been participating in ""Thiyagi Immanual Sekaran Memorial Day"" for the past 15 years. After the
petitioner had become the Secretary of the Tamilagha Makkal Munnetra Kalazham, he had been engaging more than 60 hired private vehicles,
from all over the State of Tamil Nadu, to celebrate ""Thiyagi Immanual Sekaran Memorial Day"", to be held on 11.9.2013, at Paramakkudi,
Ramanathapuram District. Therefore, he had been hiring vehicles from the various districts of the State of Tamil Nadu. The party volunteers and its
organisers have been wanting to assemble peacefully, without arms, for paying homage to Thiyagi Immanual Sekaran, on 11.9.2013, at
Paramakkudi, Ramanathapuram District.
4. The petitioner has also stated that, last year the police personnel had escorted every batch of 20 vehicles and they had set up check posts and
they have also noted the vehicles and the necessary details of the occupants of such vehicles. The vehicles had also been video-graphed at every
check post. However, for the function to be held, on 11.9.2013, the second respondent had issued an order, dated 8.9.2013, in Roc.C2.
55960/2013, u/s 144(1) of Code of Criminal Procedure, prohibiting hired vehicles from other districts, except from Ramanathapuram District, and
had also passed an order prohibiting public meetings and assemblies of five or more persons from taking part in the function, to be held on
11.9.2013, at Paramakkudi, Ramanathapuram District.
5. It had also been stated that the prohibition imposed by the second respondent, dated 8.9.2013, is contrary to the constitutional provisions
enshrined in Articles 19 and 21 of the Constitution of India. It had also been stated that the police had failed to act in accordance with Section 13
of the Tamil Nadu District Police Act, 1859, as they had not granted the necessary permission for the petitioner and his party volunteers from
participating in the function to be held, on 11.9.2013, by giving adequate police protection.
6. It had also been stated that the impugned order had been passed without conducting any peace committee meeting amongst the authorities of
the State Government, the Political Leaders and those representing the various organisations, for participating in the functions, to be held on
11.9.2013, at Paramakkudi, Ramanathapuram District.
7. It had also been stated that the impugned order passed by the second respondent is contrary to Article 19(b) of the Constitution of India, which
provides that every citizen of India has the freedom to assemble, peacefully without arms and Article 19(d) which recognizes the freedom to move
freely through out the territory of India.
8. In such circumstances, the petitioner has preferred this Writ Petition on the ground that the freedoms guaranteed under the Constitution of India
have been infringed by the order passed by the second respondent, u/s 144(1) of the Code of Criminal Procedure.
9. Per contra, Mr. K. Chellapandiyan, learned Additional Advocate General, had submitted, on instructions, that adequate police deployment
would be made, on 11.09.2013, to ensure public order, during the celebrations. He had also submitted that, on 27.08.2013 and 04.09.2013, the
District Collector, Ramanathapuram District, had conducted a co-ordination meeting with the Government officials, local leaders and the organizers
of the ""Immanual Sekaran Memorial Day"" Function and had passed a resolution, in C2.55960/2013, dated 04.09.2013, and had discussed, in
detail, the steps to be taken for the smooth conduct of the Memorial Day function.
10. He had further submitted that the second respondent had passed the impugned order, u/s 144(1) of the Code of Criminal Procedure following
the relevant procedures prescribed therein. He had also pointed out that the second respondent can pass an ex parte order, u/s 144(2) of the
Code of Criminal Procedure, in cases of emergency.
11. He had also submitted that all precautionary steps are being taken to prevent any untoward incidents from taking place and to prevent loss of
properties and lives. Therefore, the second respondent had thought it fit to pass the impugned order to avoid group clashes amongst the members
of the various communities and castes, as it had happened in the past.
12. It had also been submitted that the inflow of hired vehicles from the other districts of the State of Tamil Nadu would be prohibited. The
volunteers and participants coming from the other districts, except from the District of Ramanathapuram, may use public transport or private
vehicles. Important State leaders would be allowed in a convoy of vehicles, not exceeding three in number. Certain other restrictions have also
been imposed regarding the display of banners, flex boards, hoardings and posters, to ensure that there are no provocative materials displayed in
public, in violation of Tamilnadu Public Places (Prevention of Disfigurement) Act.
13. It had also been submitted that no procession should be taken out in violation of the restrictions imposed. Movements of persons and vehicles
would be permitted only through the approved routes to reach the venue and to return from the said place. Time slots would be fixed for the
various groups and the leaders for visiting the venue. The other restrictions, as found necessary, would be imposed by the District administration,
after further assessment of the situation prevailing at the relevant point of time.
14. It had also been stated that the writ petition, in W.P. (MD) No. 14415/2013, filed before a Division Bench of this Court, with a prayer to
quash the prohibitory order issued by the District Collector, Tirunelveli, prohibiting the usage of hired vehicles, on Poolithevan Birth Day function,
on 01.09.2013, at Nerkattumseval, Tirunelveli, had been dismissed, on 30.08.2013.
15. At this stage of the hearing of the writ petition, Mr. K. Chellapandiyan, the learned Additional Advocate General, appearing on behalf of the
respondents, had placed before this Court a note giving the details of the arrangements that would be made during the celebrations to be held, on
11.09.2013, at Paramakudi, Ramanathapuram District. The said note reads as follows:
The death anniversary of Immanuel Sekaran is observed on 11th September every year. During the last few years, a crowd of about 20,000 to
30,000 has been assembling at Paramakudi in connection with this organized by various dalit associations. Last year, approximately, 2400 vehicles
carried volunteers for this anniversary. Every year, there have been incidents of stone pelting and other disturbances, resulting in the police having
to use force, once in 2009 and again in 2011.
This type of mass mobilization by mustering volunteers from different places and transporting them to centres where such anniversaries or other
observances are held, has been a feature not only of Immanuel Sekaran''s death anniversary but also for many other events like Perumbudigu
Mutharaiyar birthday function at Trichy, Veeran Azhagumuthukone function at Kattalankulam village in Thoothukudi district, Kattabomman Vizha
in Thoothukudi District, Poolithevan birth anniversary at Nerkattumseval in Tirunelveli District and Ondiveeran death anniversary at
Nerkattumseval and Maruthupandiyar anniversary in Tiruppathur and Kalayarkovil in Sivagangai district and Thevar Jayanthi at Pasumpon.
When volunteers, especially those travelling in vehicles pass through villages inhabited by people of other castes, there have been often incidents
involving clashes between rival groups or damage to properties and incidents of arson. These volunteers and participants often behave in an
exuberant manner. During the Marudhupandiyar function last year, one group proceeding for the function stabbed a young Sub-Inspector to death.
Although conditions are imposed that vehicles should not carry volunteers on roof top, provocative slogans should not be shouted, inflammatory
writings should not be displayed, fire crackers should not be burst, loudspeakers should not be used etc., very often these conditions are breached
resulting in serious law and order problems and disturbance of normalcy, as hundreds of vehicles from different parts of the state move towards the
venue. The Government has even laid new roads and bye-passes to facilitate smooth movement of volunteers and participants minimizing the scope
for confrontation with others and the police make elaborate arrangements, lay down the rules to be followed and prohibit movement through
certain sensitive stretches, yet the participants tend to violate the restrictions. During Immanuel Sekaran''s anniversary in 2012, some people
strayed from the prescribed route, entering an area of different community resulting in buildup of tension and confrontation. Similarly, during Thevar
Guru Pooja, some participants strayed into prohibited routes, resulting in the murder of three persons, who deviated from the approved routes in
this manner. In a gruesome incident, a TATA Sumo carrying over 20 volunteers returning from Pasumpon during the Thevar Guru Pooja was
attacked with petrol bombs, resulting in the tragic death of seven persons and serious injuries to 13 people.
In the light of this experience, during this year, certain restrictions were imposed during Perumbidugu Mutharaiyar birthday celebrations at Trichy,
curtailing the movement of big crowds. In 2012, participants had indulged in extensive violence and caused damage to public and private property,
paralysing life in the town and incidentally triggering a confrontation between Muslims and Mutharaiyars. In the wake of imposition of restrictions
during this year about use of hired transport vehicles for mobilizing people, the crowd was reduced and the number of vehicles was also minimized
and the entire function went off peacefully without any untoward incident. Similarly, during Ondiveeran death anniversary which witnessed trouble
during 2011 precipitating caste tension, prohibitory orders were passed under 144 Cr.P.C. prohibiting entry of tourist motor cabs, tourist maxi
cabs, all India tourist motor cabs, omni buses and other tourist vehicles including stage carriages with temporary or special permits, from outside
the district. This had a positive impact and the crowd was manageable and the entire event passed off without any violence whatsoever.
In the background of the past incidents and in the light of experiences earned during Perumbidugu Mutharaiyar function Veeran Azhagumuthukone
function, Kattabomman Vizha, Ondiveeran death anniversary, Poolithevan birth anniversary this year, it has been proposed that in future, during the
observance of such events, inflow of hired vehicles from outside districts will not be allowed and entry of tourist motor cabs, tourist maxi cabs, all
India tourist motor cabs, omni buses and other tourist vehicles including stage carriages with temporary or special permits, except regular stage
carriages and tourist vehicles, will be prevented. However, regular stage carriages, tourist vehicles plying to other places via function place, goods
carriages, vehicles with students from local schools and colleges, vehicles carrying essential commodities will be exempted from the ban. It is
expected that this will minimize the crowd and make it manageable, preventing disturbance of public tranquility and normal life.
Volunteers and participants from other districts will however not be altogether denied entry into the district for attending the function. They may use
public transport or private vehicles. Important State leaders are proposed to be allowed in a convoy not exceeding three vehicles per leader. Some
other restrictions that are proposed are:
1. Restrictions on display of banners, flex boards, hoardings and posters to ensure that there is no provocative material publicly or violation of the
Tamil Nadu Public Places (Prevention of Disfigurement) Act.
2. No processions should be taken out.
3. Only approved routes for movement to and from the venue should be followed.
4. Time slot will be fixed for important groups or leaders and this time slot should be adhered to.
5. Other restricts as may be found necessary may be imposed by the District administration after further assessment.
The intention of the administration is not to stop the function or to obstruct people from participating. Such restrictions as are necessary for
maintenance of peace and prevention of loss of life as witnessed in the past will be resorted to.
In this connection, excerpts from the judgment of Honourable Mr. Justice N. Kirubakaran in Criminal OP (MD) No. 12925 of 2012 dated
30.08.2012 from the Madurai Bench of the Madras High Court on a petition filed by S. Raja Maravan, Secretary, Tamil Nadu State Youth Wing,
Mamannar Poolithevar Pasarai objecting to certain restrictions imposed last year, are reproduced below: ""It is not necessary to visit the birth place
of any leader to pay homage or to celebrate his/her birthday... One has to visit Porbandar in Gujarat to celebrate Mahatma Gandhi''s birthday or
Allahabad in Uttar Pradesh to celebrate Pandit Jawaharlal Nehru''s birthday, if the intention of the petitioner is to be accepted...The birthday of
Mamannar Poolithevar, who fought against the mighty British regime has to be celebrated. However, in the name of birthday celebration of such
heroes, public peace and tranquility cannot be allowed to be disturbed, especially when the police, taking ground realities into consideration
refused permission. It is seen that the Southern part of the State is often disturbed by communal tension and disturbance resulting in the loss of life
and damage of properties... If really the petitioner wants to felicitate and honour the great Mamannar Poolithevar, he could do so at his place. He
can also do social work, feed the poor and help orphanages/old age homes benefiting many deserving people. If done, it will be a befitting tribute
to the memory of the great king"".
As mentioned in the judgment of the Honourable High Court, people could observe the anniversaries at the respective places without having to go
too far off districts in hired vehicles, travelling long distances. However, if they do desire to visit a specific venue where the function is being held,
they may do so using public transport or personal vehicles. The District administration will render all necessary assistance in the smooth conduct of
these functions meant to honour leaders or legendary figures held in veneration by different sections. But, at the same time, appropriate measures
will be taken as necessary to maintain the law and order.
16. The learned Additional Advocate General had also submitted that all necessary steps would be taken by the authorities of the State
Government and the District Administration, to ensure that the celebrations, to be held on 11.9.2013, relating to the ""Thiyagi Immanual Sekaran
Memorial Day"", at Paramakudi, are held in a smooth and peaceful manner, without any untoward happenings. The authorities have also taken
adequate measures to ensure the prevailing of law and order and communal harmony, during the celebrations. However, hired vehicles coming
from the other districts, other than Ramanathapuram District, have been prohibited, for regulating the traffic and for the maintenance of peaceful
conduct of the celebrations, as in the past years. Further, adequate public transport facilities would be provided for the use of the persons arriving
at Paramakudi, from the other districts of the State of Tamil Nadu. Detailed bandobust arrangements have also been planned for the visit of State
and National Leaders belonging to the various political parties and communities. Adequate police force would be provided to ensure that the
function is held in a peaceful and orderly manner.
17. He had also submitted that all steps would be taken to ensure the safety of persons and properties and to prevent untoward happenings during
the celebrations. Proper and swift action would be taken to prevent unruly and antisocial elements from disturbing the peaceful celebrations, based
on the intelligence reports. It has also been noted that sufficient police personnel would be deployed to prevent any untoward incidents from taking
place during the celebrations, to be held on 11.9.2013, at Paramakudi, Ramanathapuram District. As such, we do not find the necessity for issuing
further directions, in view of the arrangements proposed to be made, by the respondents, for the Thiyagi Immanual Sekaran Memorial Day
Celebrations, to be held on 11.9.2013, at Paramakudi, Ramanathapuram District.
18. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records
available, and in view of the note placed before this Court, by the learned Additional Advocate General, appearing on behalf of the respondents,
we are of the view that adequate measures are being taken to ensure the peaceful conduct of the celebrations relating to ""Thiyagi Immanual
Sekaran Memorial Day"", at Paramakudi, on 11.9.2013. The restrictions imposed by the State Authorities and the District Administration of
Ramanathapuram District would ensure smooth flow of traffic and prevent untoward incidents during the celebrations.
19. At this juncture, it is pertinent to point out that The Supreme Court, in State of Karnataka and Another Vs. Dr. Praveen Bhai Thogadia, had
held that the Courts should not, normally, interfere with matters relating to law and order, which is primarily in the domain of the administrative
authorities concerned. They are, by and large, in the best position to assess and to handle the situation, depending upon the peculiar needs and
necessities, within their special knowledge. The Court cannot in such matters substitute its views for that of the competent authorities.. As such, we
find that the State Government and its authorities have made adequate arrangements in view of the ""Thiyagi Immanual Sekaran Memorial Day
Celebrations, to be held, on 11.9.2013, at Paramakudi, in Ramanathapuram District, in a peaceful manner. We also find, from the impugned order,
that it has been passed only for the purpose of maintaining public order and to prevent disturbance of public tranquility and to prevent loss of lives
and properties, during the celebrations. As such, we are of the view that the regulations imposed by the State Government and its authorities are
reasonable restrictions imposed on the fundamental rights of the participants, who may take part in the celebrations. Therefore, the relief prayed
for, by the petitioner, cannot be granted. In such circumstances, we find it appropriate to dismiss the Writ Petition. Accordingly, it is dismissed.
Consequently, the connected miscellaneous petitions are closed. No costs.
