S.Lenin Dharmaraj v. The Chief Electoral Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9135 of 2024 S.Lenin Dharmaraj ... Petitioner Vs.

1.The Chief Electoral Officer, Office of Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St.George, Chennai.

2.The Director, Information and Public Relation Department, Chennai.

3.The District Collector, Virudhunagar District, Virudhunagar.

... 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 2nd respondent through 3rd respondent to issue order of permission for operating the amusement items such as Mini Giant Wheels, break dance wheels etc., based on the application dated 04.04.2024 from 20.04.2024 to 19.05.2024, Rajapalayam, Gandhi Kalai Mandram "Ponvizha Stadium", Virudhunagar District. 1/4

For Petitioner : Mr.S.Chellapandian For Respondents : Mr.K.Bala Subramani Special Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 2 & 3.

2. Since the parliamentary elections have already been concluded as far as State of Tamil Nadu, R1 may not be a necessary party. The petitioner wants to operate the petition mentioned amusement items at Gandhi Kalai Mandram at Rajapalayam.

3. When the matter was taken for hearing, the learned Special Government Pleader submitted that the petitioner is yet to submit his application. I am more than satisfied that it is only the third respondent who is the authority competent to grant permission.

4. The petitioner's counsel states that such amusement programmes are conducted regularly every year. He also would point out that in other districts, 2/4

permission was granted. I am certain that the third respondent will positively consider the petitioner's request and issue proceedings as expeditiously as possible. It is of-course open to the third respondent to stipulate appropriate conditions to ensure safety of the persons visiting the exhibition. The third respondent shall pass an order within 7 days from the date of receipt of the application from the petitioner.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

24.04.2024 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 25.04.2024 To 1.The Chief Electoral Officer, Office of Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St.George, Chennai.

2.The Director, Information and Public Relation Department, Chennai.

3.The District Collector, Virudhunagar District, Virudhunagar.

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G.R.SWAMINATHAN, J.

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