1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2011 CORAM THE HONOURABLE MR. JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.15843 of 2011 P.Mohamed Sirajudeen .. Petitioner/Aggrieved Person Vs 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. 3.The Revenue Divisional Officer,Cheranmahadevi Taluk, Tirunelveli District. 4.The Deputy Superintendent of Police, Nanguneri Sub Division, Tirunelveli District. 5.The Inspector of Police, Eruvadi Police Station, Tirunelveli District. ..Respondents/Respondents PRAYER:- This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to pass an order of interim direction by directing the respondent Nos.1 to 5 to prevent the public nuisance from being caused while conducting the Moharam Festival in the name and style of Asan Hussain Vizha at the Chavadies situated at Lebbai Valavu Street and 6th Street, Eruvadi, Tirunelveli District pending the disposal of the main criminal original petition. For Petitioner : Mr.R.Anand For Respondent : Mr.P.Kandasamy, Govt. Advocate (Crl.Side) ORDER This Petition has been filed to pass an order of interim direction by directing the respondent Nos.1 to 5 to prevent the public nuisance from being caused while conducting the Moharam Festival in the name and style of Asan Hussain Vizha at the Chavadies situated at Lebbai Valavu Street and 6th Street, Eruvadi, Tirunelveli District pending the disposal of the main criminal original petition. 2.Heard Mr.R.Anand, learned counsel for the petitioner and Mr.P.Kandasamy, learned Government Advocate(Criminal Side) appearing for the respondents. 3.According to the learned counsel appearing for the petitioner that the celebration of Asan Hussain Vizha at the Chavadies situated at Lebbai Valavu Street and 6th Street, Eruvadi, Tirunelveli District and in the said conduct of the celebration of Moharam festival, the respondent police has to maintain the safety and security of all the persons, who participated in the said vehicle and public nuisance shall be avoided. 4.He would further submit that in an earlier occasion, this Court has passed a suitable order for celebrating the said Asan Hussain Vizha at the Chavadies situated at Lebbai Valavu Street and 6th Street, Eruvadi, Tirunelveli District with the help of peace committee resolution. He would further submit that the same order could be passed for the purpose of celebrating the said Vizha, this year also. 5.The learned Government Advocate (criminal side) would submit that the police is always ready to maintain law and order and also the welfare and safety of the public to celebrate the Vizha at the Chavadies situated https://hcservices.ecourts.gov.in/hcservices/ 2 at Lebbai Valavu Street and 6th Street, Eruvadi, Tirunelveli District and if suitable directions are given, the police will follow the same, providing bandobast in the said Vizha. 6.Considering the submissions made by both sides, I could see that there are 4 rival claimants in the celebrations of Asan Hussain Vizha and they already agreed during the last year to celebrate the Moharam festival on the basis of three resolutions entered into between them, by virtue of the help of peace committee meeting. However, such peace committee meeting has not been done so far in this year. Therefore, it has become necessary for this Court to direct the respondent police to convene a peace committee meeting by assembling of the 4 rival claimants under the Presidentship of the Tahsildar of the said Taluk concerned and to pass resolution as in the last year viz., jPh;khdk; 1: ne;j tUlk; Kfuk; gz;oifia rk;ge;jg;gl;l mikg;gpdh; Mlk;guk; nd;wp mikjpahd Kiwapy; elj;jpf; bfhs;s Btz;Lk;. jPh;khdk; 2: tUA;fhyj;jpy; Vh;tho K!;yPk; bghJ $khj; Tl;likg;gpd; fPH; mLj;j bkhcwuk; gz;oif bfhz;lhLtJ gw;wp Kot[ vLj;Jf; bfhs;s Btz;Lk;. jPh;khdk; 3: Bkw;fz;l epge;jidapd; fPH; bkhcwuk; gz;oif bfhz;lhl chpa ghJfhg;g[ mspf;fg;gLk;. njpy; FHg;gk; tpistpf;Fk; egh;fs; kPJ fLikahd eltof;if vLf;fg;gLk; vd jPh;khdpf;fg;gl;lJ. After such peace committee meeting, let the resolution be signed by all rival claimants and the respondent police to provide police bandobast to all the persons, who participate the said Asan Hussain Vizha at the Chavadies situated at Lebbai Valavu Street and 6th Street, Eruvadi, Tirunelveli District. The respondent police is thus directed to convene the peace committee meeting within two days preferably on or before 04.12.2011. 7.With the aforesaid observation, this criminal original petition is ordered. SD ASST REGISTRAR ( AS ) /TRUE COPY/ arul SUB ASST REGISTRAR To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. 3.The Revenue Divisional Officer,Cheranmahadevi Taluk, Tirunelveli District. 4.The Deputy Superintendent of Police, Nanguneri Sub Division, Tirunelveli District. 5.The Inspector of Police, Eruvadi Police Station, Tirunelveli District. 6.The Addl Public Prosecutor, Madurai Bench of Madras High Court,Madurai 1CC TO MR. R. ANAND, ADVOCATE, SR: 42624: DM::2011:DECEMBER:02:: Crl.O.P.(MD)No.15843 of 2011 2P:8C:: 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/