Madras High CourtWP(MD)/4235/2020disposed of

I.Kumar v. The Revenue Divisional Officer

2020-02-28Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P(MD)No.3570 of 2020 I.Kumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Uthamapalayam, Theni District.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Thasildar, Uthamaplayam Taluk, Theni District.

4.The Executive Officer, Thirukalatheeswarar Gnanmbigai Thirukovil, Uthamapalayam Taluk, Theni District.

5.T.Rajaram ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to permit the petitioner to conduct the Mandagapadi on 02.03.2020 - Monday (Tamil Month Masi 19th) on the occasion of Arulmighu Thirukaltheeswarar Udanurai Gnanambigai Thirukovil (Thenkalakasthi) Car Festival, in the petitioner's Melapettai Hindu Nadar Community Building situated at Uthamapalayam, Theni District and also to direct the second respondent to give adequate police protection in the above said Mandagapadi on 02.03.2020 and consider the petitioner's representation dated 07.02.2020. For Petitioner : Mr.K.Guhan For R-1 to R-3 : Mr.Aayiram K.Selvakumar, Additional Government Pleader 1/3

ORDER

Mr.Aayiram K.Selvakumar, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 3.

2. In view of the nature of the order going to be passed in this writ petition, notice to R-4 and R-5 is dispensed with.

3. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the fourth respondent to permit the petitioner to conduct the Mandagapadi on 02.03.2020 - Monday (Tamil Month Masi 19th) on the occasion of Arulmighu Thirukaltheeswarar Udanurai Gnanambigai Thirukovil (Thenkalakasthi) Car Festival, in the petitioner's Melapettai Hindu Nadar Community Building situated at Uthamapalayam, Theni District and also to direct the second respondent to give adequate police protection in the above said Mandagapadi on 02.03.2020 and consider the petitioner's representation dated 17.02.2020.

4. The grievance of the petitioner is that during Car Festival of the petition mentioned temple, on the sixth day evening, Mandagapadi in Melapattai Hindu Nadar Uravinmurai Building is held from the year 2010 onwards. In the year 2019, the said Mandagapadi was conducted in some other place. This year, the Mandagapadi people paid necessary amount for conducting the said Mandagapadi. In this regard, a representation dated 17.02.2020 has also been made to the respondents and the same is still pending. Hence, this writ petition.

5. Considering the limited scope of the prayer sought for, without going into the merits of the case, the second and fourth respondent are directed to consider the representation of the petitioner dated 17.02.2020 and pass appropriate orders on the same, on merits and in accordance with law, after giving notice to the petitioner as well as all the persons concerned, on or before 01.03.2020.

With the above direction, the writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

pm To:

1.The Revenue Divisional Officer, Uthamapalayam, Theni District.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Thasildar, Uthamaplayam Taluk, Theni District.

+1 CC to M/s.K.GUHAN, Advocate ( SR-9203[F] dated 28/02/2020 ) 28.02.2020 KK/09.03.2020/ 3P- 5C 3/3