S.Sankaran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7728 of 2019 and W.M.P.(MD)No.6138 of 2019 S.Sankaran ... Petitioner Vs 1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.
3.The Thasildar, Pandalkudi Road, Aruppukottai Taluk, Virudhunagar District.
4.Aruppukottai Municipality, Represented by its Commissioner, Pandalkudi Road, Aruppukottai, Virudhunagar District.
5.M.Sudhakar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from granting permission to the 5th respondent to conduct Exhibition and Art Show in S.No.176/1, T.S.No.5 of Aruppukottai Municipality which belongs to our community.
For Petitioner : Mr.V.Karthikeyan For Respondents : Mr.M.Karuppasamy Government Advocate for R1 to R3 : Mr.N.Dilip Kumar for R4 : Mr.Meenkshi Rama Prabhu for R5
ORDER
Heard the learned counsel on either side.
2.The writ petitioner wants the authorities not to permit the fifth respondent from conducting the Exhibition and Art Show in the petition mentioned land.
3.When the matter was taken up for hearing, it is submitted by the learned counsel appearing for the fifth respondent that the Exhibition has already been commenced. 4.Be that as it may, even according to the fifth respondent the land in question belongs to the community of Devangar and that as the matter of goodwill gesture, every year the Nadar community is permitted to conduct function at the said site. He also pointed out that even during the last year the Exhibition was held at the very same site. 5.I am of the view that the election code of conduct cannot come in the way for conducting such a function, since there is no political element in this function. That apart, the Devangar Commuinty is not before this Court. It is only one individual of Devangar Community, who has taken up the cause.
Even the Devangar Commuinty as such is not represented before me. Therefore, I decline to grant any relief in this writ petition. The Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To:
1.The District Collector, Virudhunagar,Virudhunagar District.
2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.
3.The Thasildar, Pandalkudi Road, Aruppukottai Taluk, Virudhunagar District.
+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-58452[F] dated 02/04/2019 ) +1 CC to M/s.SPL GP ( SR-58354[F] dated 02/04/2019 ) +1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-58418[F] dated 02/04/2019 ) ias W.P.(MD)No.7728 of 2019 01.04.2019 KM/(25.04.2019) 3P 7C