Balasubramani v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Balasubramani

...Petitioner

/Vs./ 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Sub-Inspector of Police, Namunasamuthiram 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 grant permission and police protection to conduct the cultural events scheduled to be held on 23.03.2021 in connection with Arulmigu Sri Muthumariamman Temple festival, Elanchavur Village, Thirumayam Taluk, Pudukkottai District.

For Petitioner :Mr.E.Balasubramanian For Respondents :Mr.A.Robinson Government Advocate(Crl Side)

ORDER

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

2. Mr.A.Robinson, learned Government Advocate (Criminal side) accepted notice for the official respondents.

3. Mr.E.Balasubramanian, learned counsel appearing for the petitioner would submit that the petitioner is one of the members of the festival committee of Arulmigu Sri Muthumariamman Temple, Elanchavur Village, Thirumayam Taluk, Pudukkottai District and that cultural event is scheduled to be held on 23.03.2021. His further contention is that he submitted a representation dated 01.03.2021 to the second respondent seeking permission to conduct the said programme and till date, no action has been taken by the respondents.

4.The contention of Mr.A.Robinson, learned Government Advocate 1/3

(Criminal side) 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.

5.Considering the submission 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 Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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, Pudukkottai District, Pudukkottai.

2.The Sub-Inspector of Police, Namunasamuthiram Police Station, Pudukkottai District.

2/3

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

15.03.2021 sss(CO) KK(23.03.2021) 3P 4C 3/3