Kathiravan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.7833 of 2024 Kathiravan ... Petitioner /vs./ 1.The Commissioner Madurai City.

2.The Assistant Commissioner Thirupparangundram Division, Madurai City.

3.The Inspector of Police Thirunagar Police Station, Madurai City.

4. The Food Safety Officer, Thirupparankundram Division, Madurai City.

5. The Executive Engineer, Construction and Maintenance Division, (Thallakulam P.W.D. Campus), Madurai -2.

... Respondents (R-4 & 5 are suo-moto impleaded vide order dated 27.03.2024 in W.P.(MD).No.7833 of 2024) ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second Respondent to grant permission to conduct Annadhanam and to arrange Spinning Wheel (Rattinam) gaming activities in the Arulmighu Muthurmariamman Temple festival held on 25.03.2024 to 01.04.2024. For Petitioner : Mr.T.Palanisamy For R1 to 5 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submitted thatthe Petitioner had filed this petition, seeking a Writ of Mandamus, directing the second Respondent to grant permission to conduct Annadhanam and to arrange Spinning Wheel (Rattinam) gaming activities in the Arulmighu Muthurmariamman Temple festival held from 25.03.2024 to 01.04.2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondent Police submits that permission to offer Annadhanam was rejected as the Petitioner had not obtained prior permission from the Food Safety Department and also regarding festival arrangements from the Public Works Department, etc. Therefore, the 2/6

learned Government Advocate (Criminal Side) further submits that the Petitioner may be directed to submit fresh representation as getting permission from the Food Safety Department is very necessary, considering the fact that the Annadhanam involved several number of people, safety of the common villagers has to be considered.

3. On consideration of the rival submissions, the Petitioner is directed to get prior permission from the Food Safety Officer concerned after filing proper application before the Food Safety Officer. On getting such permission, the second Respondent shall consider the Petitioner's representation favourbly. The Petitioner is directed to give fresh representation today itself or tomorrow.

4. Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), this Court suo motu impleads (i) the Food Safety Officer, Thirupparankundram Division, Madurai City and (ii) the Executive Engineer, Construction and Maintenance Division, (Thallakulam P.W.D. Campus), Madurai - 2, as 4th and 5th Respondents respectively. The Petitioner is directed to give 3/6

representation today itself or tomorrow to the newly impleaded Respondents also. They shall consider the respresentation regarding festival and regarding food safety measures. On such granting permission, the Respondents can consider the representation of the Petitioner for Annadhanam favourably in a day or two.

5. With the above directions, this Writ Petition is disposed of. No costs.

27.03.2024 Index : Yes / No Internet : Yes / No NCC : Yes/ No LS Note: Registry is directed to carryout necessary amendments in the cause title.

Note: Issue order copy on 27.03.2024.

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TO:

1.The Commissioner Madurai City.

2.The Assistant Commissioner Thirupparangundram Division, Madurai City.

3.The Inspector of Police Thirunagar Police Station, Madurai City.

4. The Food Safety Officer, Thirupparankundram Division, Madurai City.

5. The Executive Engineer, Construction and Maintenance Division, (Thallakulam P.W.D. Campus), Madurai -2.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

LS W.P.(MD)No.7833 of 2024 27.03.2024 6/6