R.Kadiresa Ramanuja Dasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 22.07.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21937/2015 & MP.No.1/2015 R.Kadiresa Ramanuja Dasan
...Petitioner
Versus
1. The District Collector
2. The Revenue Divisional Offficer Cheyyar Taluk, Thiruvannamalai District.
3. The Superintendent of Police
4. The Deputy Superintendent of Police Vandavasi, Vandavasi Taluk,
5. The Inspector of Police Vandavasi, Vandavasi Taluk,
6. The Tahsildar Vandavasi Taluk, Thiruvannamalai District.
7. The Village Administrative Officer Keelputhur Village, Vandavasi Taluk 8.V.Ganapathy
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus restraining the respondents from granting any permission to the 8th respondent hereafter to conduct the Thondainattu Mariamman Festival in the Keelputhur Village, Vandavasi Taluk, Thiruvannamalai District.
For Petitioner : Mr.N.Sampath For RR 1 to 7 : Mr.Dig Vijay Panidan, AGP
O R D E R
By consent, the writ petition is taken up for final disposal.
2.
The petitioner would state that there is an ancient temple, namely Thondainattu Mariamman Temple at Keelputhur village, Vandavasi Taluk, Thiruvannamalai District. Every year, the temple festival is used to be conducted in the Tamil month of "Aadi" wherein the village people as well as the nearby villagers used to participate in large numbers. The petitioner would further state that in the year 2013, the 8th respondent made false complaint against the petitioner, which led to the commencement of the proceedings under section 145 Cr.P.C., and the 2nd respondent has passed an order dated 15.07.2013 restraining the petitioner from conducting the function and granted permission to the 8th respondent to conduct the same. According to the petitioner, he made a challenge to the said order by filing a writ petition in WP.No.
23025/2013 and got an order of interim stay and it is still pending. The grievance expressed by the petitioner is that though the 8th respondent has been authorised to conduct the festival only for two years, this year also he is attempting to conduct the festival and also printed the pamphlets and in this regard, the petitioner submitted a detailed representation on 13.07.2015 to all the respondents and no response is forthcoming and taking advantage of the same, the 8th respondent is making all efforts to conduct the festival on 21.07.2015, 22.07.2015 and 23.07.2015. Hence, the petitioner came forward with this writ petition. 3.
Heard Mr.N.Sampath, learned counsel for the petitioner who would vehemently contend that in the light of the order of the 2nd respondent dated 15.07.2013, the 8th respondent is not competent to conduct the festival and the 8th respondent himself is facing prosecution in the form of three criminal cases. Therefore, the 8th respondent should not have been permitted to conduct the festival on those days and prays for appropriate orders.
4.
The Court heard the submissions of Mr.Dig Vijay Pandian, learned Additional Government Pleader, who accepts notice for the respondents 1 to 7.
5.
Though the petitioner prayed for larger relief, this Court, in the light of the facts and circumstances, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 13.07.2015 in accordance with law, after putting on notice the 8th respondent herein and pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the 8th respondent.
6.
The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar AP To
1. The District Collector
2. The Revenue Divisional Offficer Cheyyar Taluk,
3. The Superintendent of Police
4. The Deputy Superintendent of Police Vandavasi, Vandavasi Taluk,
5. The Inspector of Police Vandavasi, Vandavasi Taluk,
6. The Tahsildar Vandavasi Taluk,
7. The Village Administrative Officer Keelputhur Village, Vandavasi Taluk 1 CC to Mr.N.Sampath, Advocate SR.No. 37288 1 CC to the Government Pleader, SR.No. 37382 W.P.No.21937/2015 AD (CO) PSI (11.08.2015)