R.Tamilselvan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2024

CORAM

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

The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 22.03.2024 for the celebration of the yearly pongal festival which is schedule to be held on 06.05.2024 to 09.05.2024.

For Petitioner : Mr.A.Srinivasan For Respondent : Mr.T.Villavan Kothai Additional Government Pleader 1/4

ORDER

Heard both sides.

2.The petitioner is one of the trustees managing the petition mentioned temple. He was appointed by Hindu Religious & Charitable Endowments Department. The petitioner's case is that every year during English month of May, annual festival is celebrated. The petitioner sought permission from the authorities for conducting the said event. Even though for celebrating a temple festival, permission from the authorities is not otherwise required. Since cultural events are also proposed to be held, permission has to be necessarily taken. When the petitioner approached the jurisdictional Police, they called upon the petitioner to approach the revenue authorities. The petitioner approached the revenue authorities, he told that he must approach the Returning Officer. That led to the filing of this writ petition. 3.When the matter was taken up for hearing, the learned Additional Government Pleader on written instructions submitted that the petitioner has to go before the Assistant Returning Officer for Vilathikulam Constituency.

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4.I am not able to endorse the stand of the respondent. The parliamentary election had already been concluded as far as the State of Tamil Nadu is concerned. Therefore, the question of petitioner have been approach the Returning Officer will not arise at all. The petitioner proposes to organise the event from 14.05.2024 to 23.05.2024. The petitioner is permitted to file a fresh application to the respondent in this regard.

5.Be that as it may, the respondent is directed to grant permission to the petitioner to celebrate the petition mentioned event. It is open to the respondent to stipulate appropriate conditions to ensure the smooth conduct of the festival. The petitioner would be duty bound to adhere to the same. Such permission shall be given by the respondent within a period of four (4) days from the date of receipt of a copy of this order. 6.This writ petition is allowed accordingly. There shall be no order as to costs.

25.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 26.04.2024.

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G.R.SWAMINATHAN,J.

MGA To The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

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