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Madras High CourtWP(MD)/3910/2021disposed of

Mariappan.M v. The Superintendent Of Police

2021-02-25Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.3910 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.3910 of 2021 M.Mariappan

...Petitioner

/Vs./ 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Atchanpudur Police Station, Atchanpudur, Tenkasi District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to grant permission and protection to conduct cultural events from 01.03.2021 to 03.03.2021 in connection with the festival of Arul Migu Muppidathi Amman Kovil at Kasitharman Village, Kadayanallur Taluk, Tenkasi District.

For Petitioner : Mr.S.R.A.Ramachandhran, Advocate For Respondents : Mr.S.Chandra Sekar Additional Public Prosecutor

ORDER

By consent, this Writ Petition is taken up for final hearing at the admission stage itself.

2.Mr.S.Chandra Sekar, learned Additional Public Prosecutor accepts notice for the respondents.

3.Mr.S.R.A.Ramachandhran, learned counsel appearing for the petitioner would submit that the petitioner is one of the organizers of the festival committee of Arul Migu Muppidathi Amman Kovil at Kasitharman Village, Kadayanallur Taluk, Tenkasi District and that cultural events are scheduled to be held from 01.03.2021 to 03.03.2021. His further contention is that he submitted a representation dated 10.02.2021 to the respondents seeking permission to conduct the said programme and till date, no action has been taken by the respondents.

4.The contention of Mr.S.Chandra Sekar, learned Additional Public Prosecutor is that as per G.O.(Ms)No.654 (Revenue and Disaster Management (DM-IV) Department) dated 21.11.2020, the District Collector is the competent authority to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3910 of 2021 request of the petitioner.

5.Considering the said submissions made by the learned Government Advocate (Criminal Side), the petitioner, if so advised, can file a fresh petition before the District Collector, Tenkasi District and on receipt of the same, the District Collector is at liberty to pass appropriate orders, based on merits and on findings and in accordance with law, within a period of two weeks from the date of receipt of the representation of the petitioner. 6.With the above observation, this petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS-IV) 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, Tenkasi District.

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

3.The Inspector of Police, Atchanpudur Police Station, Atchanpudur, Tenkasi District.

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

+1 CC to M/s.S.R.A.RAMACHANDRAN, Advocate ( SR-7409[F] dated 25/02/2021 W.P.(MD)No.3910 of 2021 25.02.2021 SM TK/SAR/26.02.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2