Madras High CourtWP(MD)/4641/2021disposed of

Vaithiyanathan.A v. The Commissioner Of Police

2021-03-04Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.4641 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.4641 of 2021 A.Vaithiyanathan

...Petitioner

/Vs./ 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichy.

...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 on 07.03.2021 in connection with the festival of Shri Kaliga Parameshwari Amman Kovil Temple at Edumalaipatti Pudur, Trichy.

For Petitioner : Mr.M.Dinesh Hari Sudarsan 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.M.Dinesh Hari Sudarsan, learned counsel appearing for the petitioner would submit that the petitioner is the President of the welfare committee of Shri Kaliga Parameshwari Amman Kovil Temple at Edumalaipatti Pudur, Trichy and that cultural events are scheduled to be held on 07.03.2021. His further contention is that he submitted a representation dated 25.02.2021 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 request of the petitioner.

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W.P.(MD)No.4641 of 2021 5.Considering the said submissions made by the learned Additional Public Prosecutor, the petitioner, if so advised, can file a fresh petition before the District Collector, Trichy 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 (Records) // 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 District Collector, Trichy 2.The Commissioner of Police, Trichy City, Trichy.

3.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichy.

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

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