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Madras High CourtWP(MD)/4238/2022allowed

Deivendran(Ambalakarar) v. The District Collector

2022-03-09Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

W.P(MD)No.4238 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.4238 of 2022 Deivendran (Ambalakarar) ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

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

3.The Deputy Superintendent of Police, Melur Taluk, Madurai District, Madurai.

4.The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No.10/Ka.Thu.ka-Melur/2022 dated 28.02.2022 and quash the same and consequently direct the respondents to grant permission to the petitioner to conduct 'Manjuvirattu and 'Sri Valli Marriage Drama' on 18.03.2022 in the occasion of 'Panguni Pongal festival of ''Arulmigu Muthu Pidari Amman, Sri Mudimalai Muniyandi and Sri Veppillai Karuppu Swamikal'' temple.

For Petitioner : Mr.S.Sankar For Respondents : Mr.K.Balasubramani Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.4238 of 2022

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The request of the petitioner to conduct Manjuvirattu and Sri Valli Marriage Drama on 18.03.2022, has been rejected by the 3rd respondent solely on the ground of the pandemic situation. Now that the pandemic situation has eased. Almost all the restrictions have been removed. The only justification in the order for rejecting permission fades into insignificance.

2.

Hence, the order impugned is quashed. The authority namely, the 1st respondent is directed to consider the request of the petitioner in the light of the guidelines issued in G.O.Ms.No.7, Animal Husbandry Dairying and Fisheries (AH3) Department, dated 21.01.2017 and grant permission subject to sufficient protection both for the animals as well as the participants. As regards the performance of Sri Valli Marriage Drama, the 1st respondent is directed to consider the same in the light of the general guidelines issued with reference to conduct of such programme in public. The 1st respondent shall convey his decision by 14.03.2022. 3.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Collector, Madurai District,Madurai.

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

3.The Deputy Superintendent of Police, Melur Taluk,Madurai District,Madurai.

4.The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District, Madurai.

+1 CC to M/s.S.SANKAR, Advocate ( SR-10868[F] dated 09/03/2022 ) ORDER MADE IN W.P(MD).No.4238 of 2022 DATED : 09.03.2022 bala MS/09.03.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2