Madras High Court
A.K.P.Mani vs The District Collector on 2 August, 2023
W.P(MD) No.16373 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :02.08.2023
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P(MD)No.16373 of 2019
and
W.M.P(MD) No.13011 to 13013 of 2019
A.K.P.Mani ... Petitioner
-Vs-
1. The District Collector
Madurai District
Madurai
2. The Superintendent of Police
Office of the Superintendent of Police
Madurai.
3. The Revenue Divisional Officer
Madurai
4. The Tahsildhar
Madurai North Taluk
Madurai District
5. The Inspector of Police
Samayanallur Police Station,
Madurai District
6. R.Alagarpandi
7.M.K.Murugan
8. K.Palanichamy
9. S.Arumugam
10.P.Kaliappan
11. N.S.Mani ... Respondents
1/10
https://www.mhc.tn.gov.in/judis
W.P(MD) No.16373 of 2019
PRAYER:- Writ Petition is filed under Article 226 of the Constitution
of India, praying for the issuance of a Writ of Mandamus directing the
respondents 1 to 5 to consider the various representations of the
petitioner and one such representation dated 13.06.2019 and to
initiate legal action and consequently direct the 2nd respondent to
provide adequate police protection to the life and limb of the followers
of the Christian faith at Sathyamoorthy Nagar, Samayanallur Post,
North Taluk, Madurai District
For Petitioner : Mr.C.M.Arumugam
For R1 to R5 : Mr. R.M.Anbunithi
Additional Public Prosecutor
For R6 : Mr.Ramesh Raja
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus to direct respondents 1 to 5 to consider the various representations of the petitioner and one such representation dated 13.06.2019 and to initiate legal action and consequently direct the 2nd respondent to provide adequate police protection to the life and limb of the followers of the Christian faith at Sathyamoorthy Nagar, Samayanallur Post, North Taluk, Madurai District 2/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019
2. According to the petitioner the petitioner and the respondents 6 to 11 belong to same community. The petitioner is a follower of Christian community and some people who are following Hindu faith started to give trouble, thereby there was some dispute between them and the private respondents excommunicated the followers of Christian community and started ex-communicating the followers of Christian faith in all social and personal activities and not even allowed to purchase any groceries and other articles from the locality. Therefore the petitioner had sent various representation to the official respondents and they have not taken any steps. Lastly he sent representation on 13.06.2019 and the same was also not considered by the official respondents. Thereafter so many incidents happened between the parties and First Information Reports also registered as against the petitioner as well as private respondents, hence the present petition has been filed to consider the representation dated 13.06.2019.
3.The second respondent filed counter alleging that the allegations raised by the petitioner is that the Hindu people who were converted into Christians by way of baptism and those persons were not allowed to use public places is not correct. Originally they were all Hindus only and thereafter 15 families converted into Christianity 3/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019 which is their right. The problem arises when few persons of the converted Christian has constructed the prayer hall in S.No.35/2A and 33/7 and conducting in the name of Yessu Nallavar Gypsy Puthu Valvu Ozzhiyar Arakattalai and in the name of Meiyana Theva Sabai respectively The said prayer hall is not having permission from District Collector. Thereafter complaints were received and First Information Report has also been registered and 107 proceedings by Revenue Divisional Officer also initiated and is pending. From the enquiry it is revealed that some serious allegations were made against one Peter Krishnan who made advertisement for collection of the amount under the guise of the conversation of the Children's from Hindu Religion to Christian Religion. Further the said persons taken photograph of the Hindu assembled children in the said prayer hall and submitted the same to the various donors and claimed the amount for showing the improvement as if they belong to GYPSY community. Actually they are not GYPSY community so Hindu kattunaickar people got irritated and not contentment the activities of the Christian kattunaickar. Further cases were registered on the complaint given by the Village Administrative Officer before the Samayanallur Police Station in Crime No.169 of 2019 as against the Christian faith members and Revenue Divisional Officer enquiry is pending. Thereafter peace committee was formed on 17.07.2018, 26.11.2018 4/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019 and 06.04.2019 in the presence of revenue officers and police officers. In that peace committee meeting all the members accepted the committee decision and signed in the committee findings. Morevoer the fifth respondent to maintain law and order and harmony in the locality the above issue has been forwarded to the RDO,Madurai on 24.07.2018 and thereafter 107 Cr.P.C proceedings was initiated against both the groups and the same is pending.
4. The sixth respondent filed counter stating that he belong to Hindu Kattunacikar community and few years back the petitioner got converted into Christianity. Thereafter he stared to insult the religious feeling of Hindus and he had indulged in the act of canvassing Hindu Kattunayaickan people for converting them to Christianity. The writ petitioner and one A.K.P.Mani have created a trust in the name of Yesu Nallavar Puthu Valvu Uliyangal. Utilizing the absence of the parents, the writ petitioner has gathered children of Hindu Kattunaickar community under the guise of taking tuition classes. The parents of the children were also under the impression that the children are provided with proper coaching of their school subjects. But around in the year 2016, the parents of the children came to know about a shocking fact that the writ petitioner with his supports have taken photographs of their children, as if they are provided with food 5/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019 and they were allowed to participate in the cultural programs. These photographs were uploaded in internet and pamphlets were printed as if Peter Krishnan is taking care of Gypsy children and for that purpose they requested for funds from the general public . Further with an evil intention to disturb the harmony of the place and to divert the illegal act of Peter Krishnan,the said Peter Krishnan and A.K.P. Mani have planned to install a Christian Federation flag in front of the Hindu temple namely “Utchi Mahakaali Amman Temple. This was protested by Hindu Kattunaiyackan community people. The then Inspector of Police, Samayanallur Police Station intercepted and passed a detailed order restraining the writ petitioner to install a flag pole infront of the temple. Therefore a peace committee meeting was held on 26.11.2018. The third respondent restrained the converted Christians from giving money to the temple as contribution, hence there is enmity between two groups and thereafter the petitioner filed Writ Petition as if the converted Christians are socially boycotted by the Hindu kattunaiyackan community people. Thereafter the Village Administrative Officer himself gave a report to the fifth respondent that Peter Krishnan along with few converted Christians are conducting prayer meeting with amplifier mike and other instruments for which no permission was obtained for conducting it in Sathyamoorthy Nagar. During the prayer meeting they have insulted 6/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019 Hinduism for the purpose of instigating religious disharmony between two groups, for which a case in Crime No.169 of 2019 came to be registered as against the converted christians. In fact second writ petition was filed by A.K.P.Mani and Alagu Meenakshi and those writ petitions are one and same for the same relief, which shows the abuse of process of law, hence the petition is liable to be dismissed.
5. The learned counsel for the petitioner would contend that the Writ petition is filed in the year 2019 and that time there was severe life threat to the petitioner hence the petition has been filed and now there is no life threat thereby there is no need for giving police protection and he now only pressing for various representations given by the petitioner with regard to the acts done by the respondents therein. According to the petitioner he gave so many representations before the official respondents and they have not been considered by the respondents. One of the representation is dated 13.06.2019, therefore he sought for direction from this Court to consider the representation.
6. The learned counsel appearing for the sixth respondent would contend that that the representation is of the year 2019 and there 7/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019 was dispute between same community people because of converted hindus into other religion, thereby so many First Information Report have been registered and now there is no dispute among them, hence the Writ Petition is liable to be dismissed.
7. The learned Additional Public Prosecutor appearing for the official respondents would contend that already First Information Report have been registered against both parties. Further the petitioner has given so many representations and the same were disposed after enquiry and thereafter First Information Reports registered as against both parties and now could not ascertain whether the representation dated 13.06.2019 is still pending.
8.In the said circumstances considering the limited payer of the petitioner to consider the representation it is appropriate to direct the official respondents to consider the representation of the petitioner dated 13.06.2019 if it is pending without any disposal. If the representation was not considered by the official respondents, the official respondents are directed to issue notice to both parties after affording chances to both parties they have to pass order on merits and in accordance with law. The above exercise shall be completed within a period of six weeks from the date of receipt of a copy of this 8/10 https://www.mhc.tn.gov.in/judis W.P(MD) No.16373 of 2019 order. If already considered the same may be informed to the petitioner.
9. With the above direction, the Writ Petition stands disposed of. No costs. Consequently connected miscellaneous petitions are closed.
02.08.2023
Index : Yes/No
Internet : Yes/No
aav
To
1. The District Collector
Madurai District
Madurai
2. The Superintendent of Police
Office of the Superintendent of Police
Madurai.
3. The Revenue Divisional Officer
Madurai
4. The Tahsildhar
Madurai North Taluk
Madurai District
5. The Inspector of Police
Samayanallur Police Station,
Madurai District
6. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
9/10
https://www.mhc.tn.gov.in/judis
W.P(MD) No.16373 of 2019
P.DHANABAL, J.
aav
W.P(MD)No.16373 of 2019
02.08.2023
10/10
https://www.mhc.tn.gov.in/judis