Madras High CourtWP(MD)/7131/2021disposed of

Adaikkan Karupaiya v. The Superintendent Of Police

2021-03-30Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.7131 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.7131 of 2021 Adaikkan Karupaiya

...Petitioner

/Vs./ 1.The Superintendant of Police, Pudukkottai District, Pudukkottai.

2.The Election Officer/Sub Collector (Special), Thirumayam Legislative Assembly Constituency, Pudukkottai District.

3.The Inspector of Police, Karaiyur 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 protection to conduct the cultural programme on 01.04.2021 in connection with the festival of Palaniyandavar Thirukkovil at Kariyampatti Village, Ponnamaravathy Taluk, Pudukkottai District.

For Petitioner : Mr.G.Mathavan For Respondents : Mr.A.Robinson Government Advocate (Criminal 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) who accepts notice for the respondents, on instructions, would contend that the representation submitted by the petitioner did not reach the respondents till date. The further contention of the learned Government Advocate (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.

3.Considering the said submissions made by the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7131 of 2021 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. 4.With the above observation, this petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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.

2.The Superintendant of Police, Pudukkottai District, Pudukkottai.

3.The Election Officer/Sub Collector (Special), Thirumayam Legislative Assembly Constituency, Pudukkottai District.

4.The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai W.P.(MD)No.7131 of 2021 30.03.2021 kmk(CO) KK(30.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2