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Madras High CourtWP(MD)/7220/2023disposed of

Kaviyarajan v. The District Collector

2023-04-05Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Kaviyarajan ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings of the 3rd respondent in Na.Ka.No.84/SBC PS/2023, dated 18.03.2023 and quash the same as illegal and to direct the respondents to grant permission to conduct the Rekla Race and Horse Race to be held on 09.04.2023 at Three Junction Road, Serubalakkadu Village, Peravurani Taluk, Thanjavur District between 06.00 a.m. to 2.30 p.m. 1/5

For Petitioner : Mr. Balasubramanian.E For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

The writ petitioner filed this Writ Petition to quash the impugned proceedings of the 3rd respondent in Na.Ka.No.84/SBC PS/2023, dated 18.03.2023 and quash the same as illegal and to direct the respondents to grant permission to conduct the Rekla Race and Horse Race to be held on 09.04.2023 at Three Junction Road, Serubalakkadu Village, Peravurani Taluk, Thanjavur District between 06.00 a.m. to 2.30 p.m.

2. Mr. B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents and submitted that the because of the extension of work that is going on in ECR Road, it is not possible to give permission to the petitioner to conduct the above said Rekla Race and Horse Race on that date in that place. Hence, the impugned proceedings have been passed rejecting the petitioner's representation. If the petitioner give a fresh representation suggesting an alternative road, it will be considered by the respondent.

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3.The learned counsel for the petitioner would submit that the petitioner ready to give a fresh representation suggesting an alternative place.

4.Let the petitioner give a fresh representation suggesting an alternative for conducting the above said Race to the competent authority. On receipt of such representation, the respondent shall consider the same and pass orders on merits and in accordance with law, forthwith.

5. With the above direction, this writ petition stands disposed of. No costs.

05.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM Note : Issue order copy on 06.04.2023.

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To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

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

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G.ILANGOVAN, J TM Order made in Dated :05.04.2023 5/5