P.Sridharan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Fifteenth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN WP(MD). No.11675 of 2020 P.Sridharan S/o.Padmanaban Door No.2/135 Puthutheru Melaparthipanur Paramakudi Ramanathapuram District. ... Petitioner Vs 1 The District Collector Ramanathapuram District Ramanathapuram.
2 The Thasildar Paramakudi Taluk Ramanathapuram District Ramanathapuram.
3 The Village Administrative Officer Melaparthipanur Paramakudi Taluk Ramanathapuram District.
4 The Inspector of Police Parthipanur Police Station Ramanathapuram District.
5 M.Velusamy Kothanar 6 S.Karupasamy Kothanar ... Respondents Prayer :-Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioners representation dt 04.09.2020 and to prevent the Kumbabishegam scheduled on 16.09.2020 and to conduct peace committee meeting and to recall the oral excommunication order passed against the petitioner and petitioners family members ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.Ganesh Kumar,Advocate For the Petitioner, and of Mr.S.Chandra Sekar,App For R1 to R4 and of Mr.D.Senthil ,Advocate For R5 and R6, and this Court made the following order:
Today, when the Writ Petition is taken up for hearing, Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents 1 to 4, has produced a copy of recommendation forwarded by the fourth respondent to the Deputy Superintendent of Police, Paramakudi, for granting permission to conduct Kumbabishekam, with the guidelines issued by the Government in tackling the COVID - 19 Pandemic.
2.In the said circumstances, it is appropriate to find out after imposing the ban under Section 144 Cr.P.C. whether any permission is granted for celebrating Kumbabishekam. If it is so, whether the same has been granted after consulting with the Revenue Authorities and other Higher Police Officers. Further, the said permission is in accordance with G.O.(Ms)No.447, issued by the Revenue and Disaster Management (D.M.IV) Department, dated 31.08.2020.
3.In this regard, the learned Additional Public Prosecutor is directed to get instructions and file a report before this Court on 17.09.2020.
4.In the meanwhile, the grievance of the petitioner is that the respondents 5 and 6 are restraining him from participating in the "Kumbabishekam", which is scheduled to be conducted on 16.09.2020. Since the petitioner, being the resident of the same Village, if he is not allowed to participate in the Kumbabishekam Events, the said act is nothing but against the fundamental rights guaranteed to him under the Constitution of India. Therefore, the fourth respondent is directed to consider the representation given by the petitioner, dated 04.09.2020 and pass appropriate orders. Further, the fourth respondent is directed to videograph the entire Kumbabishekam events and produce the same before this Court.
List the matter on 17.09.2020.
Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) TO
1. The District Collector Ramanathapuram District Ramanathapuram.
2. The Thasildar Paramakudi Taluk Ramanathapuram District Ramanathapuram.
3. The Village Administrative Officer Melaparthipanur Paramakudi Taluk Ramanathapuram District.
4. The Inspector of Police Parthipanur Police Station Ramanathapuram District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6.The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai (TO POST THIS CASE ON 17/09/2020) ORDER DATED : 15/09/2020 HEARING DATE ; 17/09/2020 ==========================
ORDER
========================== WP(MD). No.11675 of 2020 Giving direction and etc.
as stated within.
KB(15.09.2020) 3P 7C