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Madras High CourtWP(MD)/6978/2021disposed of

Kannan.A v. The District Collector

2021-03-26Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA A.Kannan ... Petitioner vs.

1.The District Collector, Tenkasi District, Tenkasi.

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

3.The Election Officer/Assistant Commissioner (Excise)/ Tahsildhar, O/o.The Election Officer/Assistant Commissioner (Excise)/ Tahsildhar, Alangulam Legislative Constituency, Tenkasi District. 4.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

5.The Inspector of Police, Alangulam Police Station, Tenkasi District.

6.M.Senthilnathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to provide permission to conduct Sudalaimadan Temple Festival from 29.03.2021 to 31.03.2021 at Kasinathapuram, Puthupatti Village, Alangulam Taluk, Tenkasi District on the basis of permission granted by the Respondent No.3 dated 12.03.2021 in Na.Ka.Aa9/98/2021(Election)29/21 within the time stipulated by this court.

For Petitioner :Mr.T.Thirumurugan For R1 to R5 :Mr.A.Robinson, Government Advocate (Criminal Side)

O R D E R

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

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2. Mr.T.Thirumurugan, learned counsel appearing for the petitioner would submit that though the Returning Officer, Tenkasi District vide orders dated 12.03.2021 in Na.Kaa.9/98/2021(Election) 29/21 granted permission to conduct Sudalaimadan Temple Festival from 29.03.2021 to 31.03.2021, the respondents 4 and 5 orally instructed the present petitioner not to go ahead with the Festival, since they are the competent authorities to pass orders to conduct the Temple Festival.

3. Mr.A.Robinson, learned Government Advocate (Criminal Side) who accepts notice for the respondents 1 to 5, on instructions, would contend that the Returning Officer is the competent authority to consider the request of the petitioner and the petitioner has already been granted permission to conduct Sudalaimadan Temple Festival from 29.03.2021 to 31.03.2021 at Kasinathapuram, Puthupatti Village, Alangulam Taluk, Tenkasi District.

4. Recording the submissions of the learned Government Advocate (Criminal Side), the present petition is disposed of with a direction to the respondents 4 and 5 to give adequate police protection to conduct the above said Temple Festival based on the orders passed by the Returning Officer, Tenkasi District. No costs. Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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, Tenkasi District, Tenkasi.

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

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3.The Election Officer/Assistant Commissioner (Excise)/ Tahsildhar, O/o.The Election Officer/Assistant Commissioner (Excise)/ Tahsildhar, Alangulam Legislative Constituency, Tenkasi District. 4.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

5.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-13931[F] dated 26/03/2021 ) 26.03.2021 ns(CO) TR(26.03.2021) 3P 8C 3/3