Vilangan v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD).No.13286 of 2019 and W.M.P.(MD)No.9889 of 2019 Vilangan ... Petitioner -Vs1.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

2.S.Dhanasekar ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to grant permission for the "Kalari Urchavam Festival" to be conducted on 15.06.2019 and 16.06.2019 in Arulmigu Sri Vilangu Karuppasamy Temple situated in Thoothai Village, Thiruppuvanam Taluk, Sivagangai District.

For Petitioner : Mr.S.Karthick Subramanian For R1 : Mr.M.Rajarajan, Government Advocate.

ORDER

The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the first respondent to grant permission for the "Kalari Urchavam Festival" to be conducted on 15.06.2019 and 16.06.2019 in Arulmigu Sri Vilangu Karuppasamy Temple situated in Thoothai Village, Thiruppuvanam Taluk, Sivagangai District. 2.Heard Mr.S.Karthick Subramanian, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate, who accepts notice on behalf of the first respondent. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 4.Though such a prayer of Mandamus, seeking for permission to conduct Kalari Urchavam Festival has been sought for in the present Writ Petition, the learned counsel appearing for the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner now confined with his prayer to the extent that if the representation of the petitioner dated 23.05.2019 is considered by the first respondent and a decision is taken immediately i.e., before the Kalari Urchavam Festival dates i.e., on 15.06.2019 and 16.06.2019, the petitioner would be satisfied. 5.I have heard Mr.M.Rajarajan, learned Government Advocate appearing for the first respondent, who would submit that, the respondents certainly would consider the request of the petitioner by representation dated 23.05.2019 and a decision thereon would be taken by them, after ascertaining the views of the village people and such a decision would be taken by 14.06.2019 i.e., one day prior to the scheduled date of function.

6.In view of the said submission made by the learned counsel for the petitioner as well as the learned Government Advocate appearing for the first respondent, this Court is inclined to dispose of this Writ Petition with the following direction:- "that the first respondent is directed to consider the representation of the petitioner dated 23.05.2019 and decide the same on merits and in accordance with law on or before 14.06.2019, since the festival has been scheduled to be held on 15.06.2019 and 16.06.2019 and while considering the said representation, the view of the village people especially, the second respondent and his group also to be ascertained and then only, a decision can be taken by the first respondent and the same shall be intimated / communicated to the petitioner and the second respondent."

No costs. Consequently, connected miscellaneous petition is closed. SD ASSISTANT REGISTRAR ( CRL SIDE ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) Myr To The Tahsildar, Thiruppuvanam Taluk, Sivagangai District. 1CC TO MR. S. KARTHICK SUBRAMANIAN, ADVOCATE SR 68612 ES 13/06/2019 2P 3C W.P.(MD)No.13286 of 2019 https://hcservices.ecourts.gov.in/hcservices/