1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.6717 of 2011 P.Kadigai Ravi @ Ravichandran : Petitioner Vs 1. The District Collector, Sivagangai District 2. The Superintendent of Police, Sivagangai District 3. The Revenue Divisional Officer, Sivagangai District 4. The Deputy Superintendent of Police Devakkottai Taluk, Sivagangai District 5. The Sub-Inspector of Police, Aravayal Police Station Devakkottai, Sivagangai District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to grant permission to conduct the death anniversary of community leader's on 28.06.2011 at 10.00 a.m., to 1.00 p.m., at Unchanai Village, Devakkottai Taluk, Sivagangai District. For Petitioner : Mr.P.Muthusamy For Respondents : Mr.S.Govindan, Special Government Pleader O R D E R Mr.S.Govindan, learned Special Government Pleader, takes notice on behalf of the respondents. By consent of both sides, the Writ Petition is taken up for final disposal. 2. The petitioner is a resident of the above said Village and a District Secretary of Mallar Kazhagam and Mallar Nadu Organization. According to him, there are rival groups under the community and in that community, they celebrate the five person's anniversary every year on 28th June and this year also, the petitioner wants to celebrate the said function on 28.06.2011 at 10 a.m., to 1.00 p.m. Therefore, he approached the District Administration and Superintendent of Police, Sivagangai for permission to conduct the death anniversary between 10.00 a.m., to 1.00 p.m. But the respondents have granted permission only to have it after 3.00 p.m. He would further submit that the respondents have not decided regarding the representation and no reply has been given. Hence, he has come forward with this Writ Petition seeking for a Mandamus directing the fourth respondent to grant permission to conduct the death anniversary of community leader's on 28.06.2011 at 10.00 a.m., to 1.00 p.m., at Unchanai Village, Devakkottai Taluk, Sivagangai District. 3. The learned Special Government Pleader has brought to the notice of this Court that there was a lot of trouble in that area and there was a rival groups between the parties and therefore, the Revenue Divisional Officer, Sivagangai, has already conducted a peace committee meeting, on 20.06.2011 in respect of the conduct of the death anniversary of five members. In that peace committee meeting, it was held that the death anniversary programme will be conducted on 28.06.2011 between 03.00 p.m., https://hcservices.ecourts.gov.in/hcservices/ 2 and 04.00 p.m., by the Signatories of the peace committee meeting, who are the local main people and their names have also been specified in the peace committee meeting. It is further held that after 04.00 p.m., the members of other organization can come and pay their respect to the five persons and it is also specifically stated that apart from the conducting of the death anniversary, noting else should be done in that meeting and there shall not be any law and order problem. It is further held that reply was also given to the petitioner's representation as early as on 22.06.2011, in which, it has been specifically stated that the application has been given only to the Deputy Superintendent of Police, whereas the permission has to be only obtained from the Revenue Divisional Officer. Even though, they were directed to approach the Revenue Divisional Officer as early as on 22.06.2011 at 09.40 morning itself, which has been served on them, the petitioner has so far not approach the Revenue Divisional Officer. Therefore, the petitioner has only to approach the Revenue Divisional Officer, who is the competent authority in view of the prevalent situation there. 4. Heard both parties. 5. Since the Mandamus has sought for on the ground that there was no answer to the representation. Whereas the learned Special Government Pleader has specifically stated that even as early as on 22.06.2011, the petitioner was advised to contact the Revenue Divisional Officer, who is the competent person to issue permission in respect of the function especially because there is a dispute. Therefore, the petitioner is directed to approach the Revenue Divisional Officer, who is the competent authority to seek permission. Further more even in the peace committee meeting, it has been clearly held that permission can be granted to other organization to celebrate the death anniversary only after 04.00 p.m.,. Therefore, the petitioner has to approach the Revenue Divisional Officer in this regard. As far as the timing is concerned, it is for the Revenue Divisional Officer to decide. 6. With the above said direction, this Writ Petition is disposed of. No costs. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR vsg To 1. The District Collector, Sivagangai District 2. The Superintendent of Police, Sivagangai District 3. The Revenue Divisional Officer, Sivagangai District 4. The Deputy Superintendent of Police Devakkottai Taluk, Sivagangai District 5. The Sub-Inspector of Police, Aravayal Police Station Devakkottai, Sivagangai District 1CC TO MR.P. MUTHUSAMY, ADVOCATE, SR: 20118: DM::2011:JUNE:27:: W.P.(MD).No.6717 of 2011 2P:7C:: 27.06.2011 https://hcservices.ecourts.gov.in/hcservices/