Madras High CourtWP(MD)/4321/2021disposed of

Nagaraj.S v. The Superintendent Of Police

2021-03-01Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.4321 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.4321 of 2021 S.Nagaraj

...Petitioner

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

2.The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to give permission and police protection to conduct cultural programme scheduled to be held on 11.03.2021 in connection with Arulmighu Ponmasilinga Ayyanar Temple and Badrakaliamman Temple Festival at Edaiyathur, Pudukkottai District. For Petitioner : Mr.K.Sivabalan For Respondents : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

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

2. Mr.R.Erottuchamy, learned Government Advocate (Criminal side) accepts notice for the respondents.

3. Mr.K.Sivabalan, learned counsel appearing for the petitioner would submit that the petitioner is President of the festival committee of Arulmighu Ponmasilinga Ayyanar Temple and Badrakaliamman Temple at Edaiyathur, Pudukkottai District and that cultural event is scheduled to be held on 11.03.2021. His further contention is that he submitted a representation dated 18.02.2021 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.R.Erottuchamy, learned Government Advocate (Criminal side) is that as per G.O.(Ms)No.654 (Revenue and Disaster Management (DM-IV) Department) dated 21.11.2020, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4321 of 2021 District Collector is the competent authority to consider the 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, Pudukkottai 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(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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 Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

Copy to The District Collector,Pudukkottai District.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-8259[F] dated 02/03/2021 ) W.P.(MD)No.4321 of 2021 01.03.2021 TR(05.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2