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Madras High CourtWP/14071/2016disposed of

G.P.Soundararajan, v. The District Collector Cum

2016-04-25Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.14071 of 2016 and W.M.P.No.12291 of 2016 G.P.Soundarajan .. Petitioner Vs.

1. The District Collector cum District Election Officer, Villupuram District.

2. Election Officer cum Revenue Divisional Officer, Kallakurichi, Villupuram District.

3. The Deputy Superintendent of Police, Kallakurichi, Villupuram District.

4. The Inspector of Police, Kallakurichi Police Station, Kalakurichi, Villupuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 21.03.2016 and 09.04.2016 consequently direct the respondents to give permission to conduct Sri Ganapathy Murugan Navanayagar temple Kumbhabishekam function, Karunapuram, Kallakurichi, after the assembly election. For Petitioner : Mr.N.Subramani For Respondents : Mr.V.Jayaprakash Narayanan, Spl.G.P.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2. The petitioner has come forward with the present Writ of Mandamus directing the respondents to consider the petitioner's representation dated 21.03.2016 and 09.04.2016 consequently direct the respondents to give permission to conduct Sri Ganapathy Murugan Navanayagar temple Kumbhabishekam function, Karunapuram, Kallakurichi, after the assembly election.

3. The petitioner is residing at No.76/2, North street, Karunapuram, Kallakurichi Taluk & Post, Villupuram District, along with his family about 60 years. About 2000 residents are residing and conducting prayer in Sri Ganapathy Murugan temple without any hurdles. After 74 years, the village elders have decided to conduct kumbhabishekam for the said temple and fixed the date during February 2016. Due to some political rivalry, there was some disputes between the two political groups and the temple function date was postponed. After announcement of the assembly election, some of the political leaders announced the date of temple function, without consulting others in the village and fixed the date as 25.04.2016. The other rivalry group fixed date during first week of May 2016.

Since both the groups are trying to disturb the harmony among the different groups of people and are trying to create political and communal problems and indirectly get their support for the coming assembly election, the petitioner made a representation to the respondents 1 to 3 on 21.03.2016 seeking to take necessary steps to prevent the unpleasant incidents in their village. By proceedings dated 12.03.2016, the second respondent forwarded petitioner's complaint to the third respondent to take necessary action. But, till date, no action has been taken on the same. Hence, he has come forward with the present writ petition.

4. Heard the submissions of learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

5. Considering the facts and circumstances, without going into the merits of the claim of the petitioner, this Court directs the second and fourth respondents to consider the representations of the petitioner dated 21.03.2016 and 09.04.2016 and pass an appropriate order, within a period of three weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any.

6. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The District Collector cum District Election Officer, Villupuram District.

2. Election Officer cum Revenue Divisional Officer, Kallakurichi, Villupuram District.

3. The Deputy Superintendent of Police, Kallakurichi, Villupuram District.

4. The Inspector of Police, Kallakurichi Police Station, Kalakurichi, Villupuram District.

+1cc to the Government Pleader Sr.25831 W.P.No.14071 of 2016 sv(CO) srg(27/05/2016)