N.Sammanasu v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.09.2021

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH and THE HON'BLE Ms. JUSTICE R.N. MANJULA W.P.No.28684 of 2019 and W.M.P.No.28442 of 2019 N.Sammanasu ..Petitioner vs.

The District Collector Kancheepuram District Kancheepuram The Superintendent of Police Kancheepuram District Kancheepuram The Revenue Divisional Officer Revenue Divisional Officer Chengalpattu Kancheepuram District The Tahsildar Thirukalukundram Taluk Office Kancheepuram District The Inspector of Police Thirukalukundram Police Station Kancheepuram District Palani Soundaramoorthi Ajith Vimal ..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 01.07.2019 to conduct the peace committee meeting by giving an opportunity to the petitioner.

For Petitioner :

Mr. M. Muthusamy For RR 1 to 5 :

Mr. R. Muniyapparaj Government Advocate(Crl. Side)

O R D E R

(Order of the Court was made by P.N. PRAKASH, J.) It is the case of the petitioner that he is a member of the Adavilam St. Therasa of Child Jesus Mission Church; the respondents 3 to 5 are not giving permission to the petitioner's church to conduct procession through the main road; in this connection, he has addressed separate representations dated 01.07.2019 to the respondents 1 to 5; finding no response, he has filed this writ petition seeking a mandamus, directing the respondents 1 to 5 to consider his representations dated 01.07.2019 and pass orders thereon.

2. In our considered opinion, no one has got a fundamental right to conduct a procession through a main road. That apart, a mandamus can be issued only, where there is a duty cast upon the authorities to act in a particular manner by a statute. In the case at hand, there is no duty cast upon the respondents to dispose of the representations. That apart, this issue is of the year 2019 and much water has flown under the bridge thereafter. At present, COVID-19 pandemic is raging and all public gatherings are being restricted by the State as a safety measure.

In the light of the above, this writ petition stands closed. No costs. Connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gya To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Superintendent of Police, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Revenue Divisional Officer, Chengalpattu, Kancheepuram District.

4.The Tahsildar, Thirukalukundram Taluk Office, Kancheepuram District.

5.The Inspector of Police, Thirukalukundram Police Station, Kancheepuram District.

6.The Public Prosecutor, High Court, Madras, Chennai 600 104.

W.P.No.28684 of 2019 RSV (CO) PR (12/10/2021)