Kannan. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Kannan ... Petitioner Vs.

1.The District Collector, Virudhunagar, 2.The Superintendent of Police, Virudhunagar, 3.The Deputy Superintendent of Police, 4.The Inspector of Police, Kariyapatti Police Station, 5.The Tahsildar, Taluk Office, Kariyapatti Taluk, 1/6

6.The Sub Inspector of Police, Aaviyur Police Station, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 5 herein to grant permission to celebrate Panguni Pongal Festival of the Sri Periya Karupanasamy Temple scheduled to be held from 21.03.2024 to 24.03.2024 including conducting of devotional dramas and other programs as mentioned in the petition dated 24.02.2024. For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R1 & R5 : Mr.A.Albert James Government Advocate (Crl.side) for R2 to R4 & R6

ORDER

Heard both sides.

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2. The petitioner has come to this Court on account of the stand taken by the respondents that in view of the forthcoming parliamentary election, while the petition mentioned festival can go on, the other incidental programmes cannot be permitted.

2. I fail to understand as to why the usual celebrations should be stopped. The third respondent is directed to issue No Objection Certificate. This shall be done immediately. Based on the same, the petitioner is permitted to approach the jurisdictional Assistant Returning Officer. The Assistant Returning Officer shall grant permission to the petitioner by incorporating appropriate conditions. It is seen that the petitioner has given an application on 24.02.2024. The petitioner's counsel states that today, Sri Vallithirumana Nadagam has been scheduled to be held.

3. Considering the special facts and circumstances of this case, the petitioner is permitted to celebrate the said event today. However, for the forthcoming events that fall tomorrow, day after tomorrow and thereafter, permission shall be obtained from the Assistant Returning Officer. 3/6

4. The Writ Petition is allowed. No costs.

21.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note: Issue order copy on 21.03.2024.

To 1.The District Collector, Virudhunagar, 2.The Superintendent of Police, Virudhunagar, 3.The Deputy Superintendent of Police, 4.The Inspector of Police, Kariyapatti Police Station, 5.The Tahsildar, Taluk Office, Kariyapatti Taluk, 4/6

6.The Sub Inspector of Police, Aaviyur Police Station, 5/6

G.R.SWAMINATHAN, J.

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