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8. So much for the wider canvass, for the time being. We now turn to the facts of the case, which are in a narrow compass.

Facts

9. Professor Dr. Perumal Murugan is an Associate Professor hailing from Tiruchengode Town. The controversy about the novel is over the description of certain events more than eight years in period of time in Tiruchengode town, which is about 30 kms away from Namakkal. That is the Kurukshetra of this battle.

10. The novel in controversy Madhorubagan was written in the year 2010. It is the claim of the author that, this work of his received considerable attention and in the year 2013, M/s. Penguin Publishers came out with the English translation of the novel. The translation was done by Sri. Aniruddhan Vasudevan, who has incidentally been awarded a literary prize by a Canada based organization for true reflection of the story by way of translation.

13. The travails of Prof. Perumal Murugan began from December, 2014, when on his return to Namakkal, voices were raised against him that he had defamed Tiruchengode town and the womenfolk and the community. It is only when he received information that a police complaint was proposed to be lodged against him in respect of the novel on 26.12.2014 before the Town Police Station, Tiruchengode, he prepared a written complaint on 24.12.2014, which was submitted in person to the Superintendent of Police, Namakkal on 26.12.2014, while seeking police protection. The author came across photographs showing burning of the copies of the novel, beating and kicking his photographs with slippers and voices calling for censoring of all his works and also for his dismissal from Government Service. The series of incidents is stated to have caused quite a consternation and shock to the author, as his view was to the contrary; that he, as a writer, had brought and honour and laurels to Tiruchengode town, having earned accolades for his works and having participated in several intellectual literary discussions.

16. The author claims that he wanted to take some conciliatory steps by entering into a dialogue with those opposing him, but the opposition was faceless, though the campaign continued with full vigour against him. It was on 8.1.2015 that the author received an intimation from the District Police Office that the Revenue Divisional Officer, Tiruchengode would engage the opponents of the novel in a dialogue, while requesting the author to avoid visiting the venue of the talks, but seeking his clarification in writing. The author claims to have reiterated what he had said earlier. On the morning of 8.1.2015, on being called to the office of the Superintendent of Police, Namakkal, the author gave two letters addressed to the R.D.O., Tiruchengode, in which he apologised and volunteered to withdraw all copies of the novel with the assurance that he would modify the portions which had allegedly hurt the peoples sentiments in future editions. He clearly stated that he no more had the intention to write about Tiruchengode.

The State

64. The District Collector, District Revenue Officer and the Deputy Superintendent of Police, Namakkal viz. respondents 2, 3 and 4 in W.P. No.1215 of 2015, have adopted a common defence to the plea of quashing the settlement arrived at between the author and the agitating groups at the office of the District Revenue Officer, Namakkal on 12.1.2015, pleading that it was not maintainable in law. According to the authorities, the reason for their intervention is said to have arisen on 26.12.2014, when about 100 persons under the leadership of the local Hindu Munnani leader one Mr.Mahalingam agitated in front of the Kailasanathar Temple, Tiruchengode against the novel Madhorubagan and its author and went to the police station to file a F.I.R. Copies of the novel are stated to have been burnt by about 25 persons in front of the police station. People from all walks of life, including public and communal organisations in Tiruchengode, are stated to have put up handbills and posters calling for a one day strike on 9.1.2015 in Tiruchengode. Such a complete closedown did occur that day and thus on 10.1.2015, the Superintendent of Police, Namakkal is stated to have endeavoured to conduct conciliatory talks with the protestors by presenting the written regret letter of the author, but the protestors demanded a public apology. It is averred that the author and the publishers of the book did not participate in the talks and the protestors did not accept the regret letter of the author. On 10.1.2015, about 500 men and women from the Arthaneeswarar Girivala Nala Sangam, Kongu Vellalar Trust, Morur Kannan Kula Trust, Maveeran Theeran Chinnamalai Peravai, Tiruchengode Vanigar Sangam, Nadar Peravai and Tiruchengode Lorry Owners Association held a meeting and demanded criminal action against the author and threatened that they would intensify the protests till stern action is taken against the novelist and until he made a public apology. It is to put an end to the raging controversy and to maintain law and order that both parties were stated to have been summoned for a peace meeting conducted on 10.1.2015, when about 100 men from various protesting organisations came to the Collectorate. Two representatives from each protesting organisation numbering 30 men were allowed to enter the Collectorate and were seated in the Conference Hall. The District Revenue Officer asked only five men to represent the protestors inside her chamber, where the Tahsildar, the Deputy Superintendent of Police and the Inspector of Police were also present. The author is stated to have come to the peace talks with his advocate friend, Mr. G.R. Swaminathan, who was then and now the Assistant Solicitor General at the Madurai Bench of the Madras High Court, and they were seated in the chamber of the Deputy Collector. The peace talks are stated to have lasted from 4.30 to 10.30 p.m.