K.Saravanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Saravanan S/o.Kulanthaivel ... Petitioner Vs.

1.The District Collector, O/o.The District Collectorate, 2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, 3.The Revenue Tahsildar, O/o.The Revenue Tahsildar Office, Senthamanagalam Taluk, 4.The Inspector of Police, Puthchathiram Police Station, 5.The Revenue Divisional Officer, Namakkal.

[R5 suo motu impleaded as per order of this Court dated 23.01.2024] ... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India praying to issuance of a Writ of Mandamus directing the fourth respondent permit to set up the box type speaker to control the crowed and talk about events of the stroll's Thirtham and Samy Thiruveethi promenade of Palaya Mariyamman Thirukovil at Thirumalaipatti Village, Senthamanagalam Taluk, Namakkal District and consequently, this Court may direct the fourth respondent to consider the petitioner's representation dated 08.01.2024.

For Petitioner : Mr.G.Munuraj For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

The Revenue Divisional Officer, Namakkal, is suo motu impleaded as fifth respondent in the writ petition.

2. Mr.A.Damodaran, learned Additional Public Prosecutor, takes notice for the impleaded fifth respondent.

3. Registry is directed to carry out necessary amendment in all the concerned records.

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4. This writ petition has been filed for issuance of a writ of mandamus directing the respondents to permit the petitioner to set up box type speaker in order to conduct the temple festival from 25.01.2024 to 08.02.2024.

5. Heard Mr.G.Munuraj, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

6. Learned Additional Public Prosecutor, on instructions, submitted that based on the representation submitted by the petitioner, CSR No.207 of 2023 was issued. Yet another representation was made by one Ponnusamy and the same was entertained in CSR No.203 of 2023. Since it involves two groups and there was propensity of law and order problem, the dispute has been referred to the Revenue Divisional Officer, Namakkal and the same is pending.

7. Taking into consideration the facts and circumstances of the case and also the fact that the issue is now pending before the impleaded fifth respondent, there shall be a direction to the fifth respondent to deal with 3/6

the representation of the petitioner dated 08.01.2024 and take a decision strictly in accordance with law on or before 26.01.2024. Depending upon the decision taken by the fifth respondent, the date of festival can be rescheduled.

This writ petition is disposed of with the above direction. No costs. 23.01.2024 Note: Issue order copy by 24.01.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The District Collector, O/o.The District Collectorate, 2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, 3.The Revenue Tahsildar, O/o.The Revenue Tahsildar Office, Senthamanagalam Taluk, 4/6

4.The Inspector of Police, Puthchathiram Police Station, 5.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

gm 23.01.2024 6/6