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Madras High CourtWP(MD)/4325/2021disposed of

Maarithurai.T v. The Deputy Superintendent Of Police

2021-03-03Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.4325 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.4325 of 2021 T.Maarithurai

...Petitioner

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

2.The Inspector of Police, Taluk Police Station, Sankarankovil, Tenkasi District.

3.The Sub-Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the third respondent to grant permission and police protection to conduct the cultural events scheduled to be held on 12.03.2021 and 13.03.2021 in connection with Arulmighu Vaipaar Udayar Sastha Thirukoil festival at Chinnakovilaankulam Village, Sankarankoil Taluk, Tenkasi District.

For Petitioner :Mr.K.Prabhu For Respondents :Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

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

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

3. Mr.K.Prabhu, learned counsel appearing for the petitioner would submit that the petitioner is one of the organizers of the festival committee of Arulmighu Vaipaar Udayar Sastha Thirukoil at Chinnakovilaankulam Village, Sankarankoil Taluk, Tenkasi District and that cultural event is scheduled to be held on 12.03.2021 and 13.03.2021. His further contention is that he submitted a representation dated 16.02.2021 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.Chandrasekar, learned Additional Public Prosecutor is that as per G.O.(Ms)No.654 (Revenue and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4325 of 2021 Disaster Management (DM-IV) Department) dated 21.11.2020, the District Collector is the competent authority to consider the request of the petitioner.

5.Considering the submissions made by the learned Additional Public Prosecutor, 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) rmk 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 Deputy Superintendent of Police, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Taluk Police Station, Sankarankovil, Tenkasi District.

4.The Sub-Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

+1 CC to M/s.K.PRABHU, Advocate ( SR-8747[F] dated 04/03/2021 ) W.P.(MD)No.4325 of 2021 03.03.2021 sss(CO) KK(08.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2