A.Elango v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.Elango .. Petitioner Vs 1.The District Collector, District Collector Office, Krishnagiri.

2.The Municipal Commissioner, Krishnagiri Municipality Office, Krishnagiri.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to conduct the mango exhibition in an alternative location outside the Krishnagiri Municipality by considering the representation dated 23.05.2023.

For the Petitioner : Mr.V.Gopalsamy For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.V.Gopalsamy, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The petitioner seeks a writ of mandamus directing the respondents to conduct the mango exhibition in an alternate location outside the Krishnagiri Municipality.

3. Learned counsel for the petitioner submits that the petitioner resides in Krishnagiri and is a social activist. The mango exhibition attracts many people in and around Krishnagiri, so also

the tourists. Last year, the said exhibition attracted more than one lakh people. The mango exhibition is being conducted in the Government Boys Higher Secondary School. The said school is located in the middle of Krishnagiri town with a narrow passage of 12 feet road and does not have a bigger road to curtail the crowd. There is no better passage or way to access the exhibition centre, as the private land owners have constructed buildings. The place is surrounded by thousands of residences and hundreds of shops and commercial traders. The livelihood of the commercial traders is likely to be affected due to the exhibition which leads to financial losses. In case of emergency, even a life support ambulance or fire truck cannot go through the traffic congestion due to the mango exhibition.

4. Learned State Government Pleader for the respondents submits that this is the 29th year the mango exhibition is held at the same place. The mango exhibition is to be held from 05.07.2023 to 30.07.2023. The Krishnagiri District has earned the nickname "Mango Capital of India". The mango exhibition is held to display

varieties of mangoes to the general public and farmers. It also helps the farmers to discuss the innovations and technological solution involved in the farming of mango. The exhibition is being held in an area of 7.15 acres. The playground is next to the Government Boys Higher Secondary School.

5. Learned State Government Pleader submits that the parking area for two-wheelers and four-wheelers are identified and are having separate entry-exit points to avoid traffic congestion. The co-ordination with the traffic police is in place and clear instructions are given to them for avoiding traffic congestion in and around the area. The mango exhibition is planned to be conducted between 5.00 p.m. and 10.00 p.m. every day from 05.07.2023 to 30.07.2023. For handling the emergency situation, stand by ambulance, standing fire engine vehicle, police control room, watch towers, public address system, CCTV cameras with the backup covering the event on all days and also policemen are deployed to handle the traffic at any emergency situation.

6. Learned State Government Pleader further submits that various levels of pre-event co-ordination meetings and field level inspections are conducted to get rid of the previous mistakes and make this event a grand success. The co-ordination meetings and the inspection images are uploaded in the District website to give a glimpse to the stakeholders and general public about the event and its arrangements. The mango exhibition is to be opened on 05.07.2023.

7. We have considered the submissions.

8. The petitioner was aware of the mango exhibition prior to 23.05.2023. He has given a representation on 23.05.2023. If the petitioner has genuine grievance, he ought to have approached the Court much earlier. At the eleventh hour, no orders can be passed. Arrangements are already made. The mango exhibition is to be opened tomorrow. Any change at the eleventh hour would render a chaotic situation. Large number of persons would install their shops in the exhibition from throughout the State. It has been assured

that necessary precautionary measures are also undertaken.

9. The mango exhibition is held for the last 28 years at the same place successfully.

10. In the light of that, it would not be possible to pass orders at the eleventh hour. Suffice it to observe that the State, its authorities and machinery would take all precautionary measures so as not to hamper nor cause inconvenience to the residents of the locality and traders. We have been assured of all precautionary measures being taken. The public safety also would be looked into.

11. With the above observations, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 04.07.2023 Index :

Yes/No :

Yes/No bbr

To 1.The District Collector, District Collector Office, Krishnagiri.

2.The Municipal Commissioner, Krishnagiri Municipality Office, Krishnagiri.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 04.07.2023