Periasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL Periasamy ... Petitioner Vs
1. The District Collector, Collector Office, Tenkasi, Tenkasi District.
2. The Superintendent of Police, Tenkasi, Tenkasi District.
3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.
4. The Inspector of Police, Kuruvikulam Police Station, Kuruvikulam, Tenkasi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1/6
respondents herein to removal of the community banner(board) erected in Public land survey No.765/6 Pazhankottai Village, Avanikonendal, Thiruvengadam Taluk, Tenkasi District based on the representation dated 10.02.2025.
For Petitioner : Mr.S.Kasirajan For R1 and R3 : Mr.M.Senthil Ayyanar Government Advocate For R2 and R4 : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking a direction to the respondents herein to remove the community banner(board) erected in Public land in survey No.765/6 at Pazhankottai Village, Avanikonendal, Thiruvengadam Taluk, Tenkasi District, based on the representation dated 10.02.2025.
2.According to the petitioner, he is the resident of the said village and the Kambalathu Naicker community people celebrated Kattabomman 2/6
Jeyanthi and they erected banners and the same were later set on fire by unknown individuals leading to the filing of an FIR. Once again the members of the particular community have installed banners in the same public place and thereafter, it is came to light that the said banners were erected in a public place in S.F.No.762/6 and the petitioner requested to remove the banners, but no action was taken. Therefore, the petitioner sent the representation dated 10.02.2025, but the same has not been considered. Hence this petition.
3.The learned Government Advocate appearing for the respondents 1 and 3 would submit that based on the petitioner's complaint, they already conducted survey and it is found that a part of the board was installed in the patta land and a part of the board was installed in the Government land. Since without any permission from the concerned authorities the banner was erected, steps will be taken to remove the banner.
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that some body set fire on the banner and thereby, an FIR in Crime No.9 of 2025 was registered and the same 3/6
is under investigation. However, if the board is erected without obtaining any permission from the concerned authority, they will initiate appropriate proceedings to remove the board in accordance with law. 5.Since the prayer of the petitioner is to consider the petitioner's representation and to remove the banner and the respondents also assured to take appropriate action to remove the banner in the manner known to law, this Court directs the respondents 1 to 4 to take appropriate steps and dispose of the petitioner's representation in accordance with law. 6.With the above direction, this writ petition is disposed of. If the banner was erected after obtaining permission from the concerned authorities, then the official respondents need not take any further action. 19.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6
To
1. The District Collector, Collector Office, Tenkasi, Tenkasi District.
2. The Superintendent of Police, Tenkasi, Tenkasi District.
3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.
4. The Inspector of Police, Kuruvikulam Police Station, Kuruvikulam, Tenkasi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL , J.
LR 19.03.2025 6/6