Suresh S/O.Thiravidamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.11358 of 2018 Suresh ... Petitioner Vs.

1) The District Collector, Trichy District, Trichy.

2) The Superintendant of Police, Trichy District, Trichy.

3) The Inspector of Police, Manapparai Police Station, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner's village people to conduct the Vadamadu Manjvirattu scheduled on 27.05.2018 at Besto Nagar, Vakaikulam Road, Manapparai, Trichy District by considering the petitioner's representation dated 25.04.2018.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader.

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.,) The prayer sought for in this Writ Petition is for seeking to issue a Writ of Mandamus, directing the respondents to permit the petitioner's village people to conduct the Vadamadu Manjvirattu scheduled on 27.05.2018 at Besto Nagar, Vakaikulam Road, Manapparai, Trichy District by considering the petitioner's representation dated 25.04.2018.

2. We have heard Mr.E.Balasubramanian, learned counsel for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the petitioner is the Secretary, representing the village people, has moved this Writ Petition with the aforesaid prayer seeking direction to consider the request of the petitioner to conduct Vadamadu Manjvirattu on the scheduled date.

4. Learned counsel appearing for the petitioner would submit that, if the representation given by the petitioner is directed to be considered and if an order to that effect is passed within a time frame stipulated by this Court on merits and in accordance with law, then the petitioner would be satisfied.

5. We have heard Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents, who would point out that, as per rule, the District Collector is the Authority who shall decide and consider as to whether the permission for Manjvirattu/Jallikattu can be given on the particular date in that particular locality.

6. Learned Special Government Pleader further submitted that the representation seems to have been given only to the third respondent/ Inspector of Police and therefore in this regard the Special Government Pleader raised an objection that, unless a proper representation is given to the first respondent, who is the competent Authority, the request of the petitioner cannot be considered.

7. In response to the said submission made by the Special Government Pleader, the learned counsel for the petitioner would submit that a detailed request to that effect would be immediately given to the first respondent to consider the request of the petitioner and on giving such representation, the first respondent may be directed to consider the same.

8. In view of the said submission made, we are inclined to pass the following order:- 'that the petitioner shall be at liberty to submit his representation to the first respondent (i.e.,) District Collector, seeking permission for the proposed Manjivirattu/Jallikattu. It is for him to seek permission for the proposed Manjivirattu/Jallikattu at the locality concerned.'

9. With these observations, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar

To

1) The District Collector, Trichy District, Trichy.

2) The Superintendant of Police, Trichy District, Trichy.

3) The Inspector of Police, Manapparai Police Station, Trichy District.

+1cc to M/s.E.Balasubramanian, Advocate, SR.No.66005. +1cc to Special Government Pleader, SR.No.66185. Order in W.P.(MD)No.11358 of 2018 23.05.2018 STS/RM RAM/SKN RSK/SAR 4/25.05.2018/3P/6C