M.Sivakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/05/2024
CORAM
THE HON'BLE Ms.JUSTICE R.N.MANJULA and THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Sivakumar ... Petitioner Vs 1.The District Collector, Sivagangai District, Sivagangai.
2.The Superintendent of Police, Sivagangai District, Sivagangai.
3.The Tahsildar, Kalayarkoil Taluk, Sivagangai District.
4.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.
... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1/7
1 and 3 to grant permission and to provide police protection for conducting the Vadamadu Majuvirattu event on 26.05.2024 as part of the festival in Sri Adaikala Kaatha Amman and Kanmaikarai Muniyandi Kovil at M.Vaniyangudi Village, Kalayarkovil Taluk, Sivagangai District on the basis of the petitioner's representation dated 18.05.2024. For Petitioner : Ms.A.Banumathy For R-1 to R-3 : Mr.A.Baskaran Additional Government Pleader For R-4 : Mr.RMS.Sethuraman, Additional Public Prosecutor
ORDER
(Order of the Court was made by R.N.MANJULA, J) Heard Ms.A.Banumathy, learned counsel for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader for respondents 1 to 3 and Mr.RMS.Sethuraman, learned Additional Public Prosecutor for the fourth respondent.
2.This writ petition has been filed for a direction to the respondents 1 and 3 to grant permission and to provide police protection for conducting the Vadamadu Majuvirattu event on 26.05.2024 as part of the festival in Sri Adaikala Kaatha Amman and Kanmaikarai Muniyandi 2/7
Kovil at M.Vaniyangudi Village, Kalayarkovil Taluk, Sivagangai District on the basis of the petitioner's representation, dated 18.05.2024.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. Earlier a writ petition has been filed by the petitioner in W.P(MD)No.11932 of 2023 challenging the order passed by the District Collector refusing to grant permission for conducting 'Vadamadu Manjuvirattu' in the petitioner's village. In the said writ petition, the following order has been passed:
"6.We do not agree with the said submission. A mere recommendation made by the District Collector for including the name of the Village in the G.O, would take a long time. Because of the undue delay in issuing G.O., the poor Villagers may not be able to conduct the said event. 7.For the reasons stated above, we are of the view that the impugned order, dated 10.05.2023, passed by the first respondent is liable to be set aside and the same is set aside. We direct the District Collector, Sivagangai to pass appropriate orders granting permission to the petitioner to 3/7
hold 'Vadamadu Manjuvirattu' on 22.05.2023 subject to the other conditions till the issuance of G.O by the Government. Such an exercise shall be completed within a period of three days from the date of receipt of a copy of this order."
5. This year also the petitioner herein had given a representation to the first respondent on 18.05.2024 to grant permission to conduct the Vadamadu Majuvirattu event on 26.05.2024. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.
6. However, the learned Additional Government Pleader, would submit that the petitioner is required to produce certain documents for the purpose of including the petitioner's village in the Gazette Notification.
7. It is to be noted that in a writ petition in WP(MD) No.11932 of 2023, this Court has quashed the impugned order of the District Collector, Sivagangai District and directed the District Collector to 4/7
permit the petitioner to conduct Vadamadu Manjuvirattu subject to other conditions. In such case, it is appropriate for the first respondent to consider the case of the petitioner to grant permission as so granted in the earlier years and pass appropriate orders forthwith in the event of the petitioner's submission of the application through online with relevant documents,.
8. With the above direction, this writ petition is disposed of. No costs.
(R.N.M, J.) (C.K.,J.) 22.05.2024 NCC :
Yes/No Index :
Yes/No NOTE: Issue Order copy on 22.05.2024 PM 5/7
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Superintendent of Police, Sivagangai District, Sivagangai.
3.The Tahsildar, Kalayarkoil Taluk, Sivagangai District.
4.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
R.N.MANJULA, J.
AND C.KUMARAPPAN, J.
PM W.P.(MD)No.11299 of 2024 22.05.2024 7/7