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Madras High CourtWP(MD)/837/2022allowed

Karuppasamy @ Karuppasamy Pandian.S v. The District Collector

2022-01-20Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.837 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.837 of 2022 S.Karuppasamy @ Karuppasamy Pandian ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

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

3.The Deputy Superintendent of Police, Kovilpatti - Sub Division, Kovilpatti, Thoothukudi District.

4.The Inspector of Police, Nalatinputhur Police Station, Kovilpatti, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent Nos.3 and 4 to give permission to conduct the Pongal function of Arulmighu Sri Sudalaimada Swamy Temple for the days of 24.01.2022 (Monday) and 25.01.2022 (Tuesday) by considering the petitioner's representation dated 11.01.2022. For Petitioner : Mr.S.Saravanan For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.There does not appear to be any communal angle. The third respondent is therefore directed to give permission to the petitioner to hold the petition mentioned event. It is open to the third respondent to incorporate appropriate conditions to ensure the smooth conduct of the event. The petitioner through his counsel gives an undertaking that the organizers of the event will adhere to the police directives. The third respondent while issuing the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.837 of 2022 proceedings permitting the holding of the event shall stipulate appropriate conditions for adhering to Covid-19 protocol. I make it clear that the order has been passed in this writ petition based on the position obtaining today. It is of-course open to the third respondent to take a call, if any further lockdown restriction is imposed by the Government.

3.Recording the said undertaking, this Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector, Thoothukudi District, Thoothukudi.

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

3.The Deputy Superintendent of Police, Kovilpatti - Sub Division, Kovilpatti, Thoothukudi District.

4.The Inspector of Police, Nalatinputhur Police Station, Kovilpatti,Thoothukudi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SARAVANAN, Advocate ( SR-1929[F] dated 20/01/2022 ) W.P(MD)No.837 of 2022 20.01.2022 SJ(CO) KB(20.01.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2