The Madurai Bench of the Madras High Court has quashed the criminal proceedings initiated against 23 villagers from Tirupattur in Sivaganga district who were booked following an agitation demanding the closure of a Tasmac shop.
In 2017, the villagers had gathered in front of the Tasmac shop and demanded its closure. It was said that they had not obtained permission from the police to stage a protest. They caused hindrance to the public and traffic.
The counsel for the petitioners submitted that the villagers had approached the officials in a peaceful manner and asked them to close the Tasmac shop as it affected the entire village. They did not disturb the public, it was submitted.
Justice K. Murali Shankar took note of the fact that the villagers had not used criminal force with an intention to prevent or deter the Tasmac staff from discharging their duty. They had only assembled and conducted an agitation to shift the Tasmac shop.
No doubt, prohibition is a policy matter to be decided by the government. But, at the same time, the policy of prohibition is a Constitutional mandate and the government is having greater responsibility to function in larger public interest, the judge observed.
In the case on hand, the petitioners did not indulge in any act of violence. Considering the same, the court has no hesitation to hold that the proceedings pending on the file of the District Munsif / Judicial Magistrate court, Tirupattur is liable to be quashed, the judge said.
