Chithan R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R. SAKTHIVEL and W.M.P.(MD) Nos.9054 and 9056 of 2025 R.Chithan ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, 3.The Commissioner of Police, Madurai City, Madurai District.

4.The Assistant Commissioner of Police, Sellur Division, 5.The Inspector of Police, D3, Kudal Puthur Police Station L & O, Madurai District.

... Respondents 1/6

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 relating to impugned order passed by the 5th respondent by her proceedings in MLR No.06/2025 dated 17.04.2025 signed on 19.04.2025 and quash the same as illegal and consequently direct the respondents permit the petitioner to erect the Neer Mor Pandal in front of the Global Computer Centre in Ward No.1 at Vilangudi, For Petitioner :

Mr.K.Mahendran For Respondents :

Mr.M.Lingadurai Spl. Govt. Pleader - for R1 :

Mr.S.Divyasagar Standing Counsel - for R2 :

Mr.A.Thiruvadikumar Additional Public Prosecutor for RR3 to 5

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] This writ petition has been filed challenging the rejection order dated 17.05.2025 passed by the fifth respondent and direct the respondents to permit the petitioner to erect the Neer Mor Pandal in front of the Global Computer Centre in Ward No.1 at Vilangudi, Madurai. 2/6

2. Heard the learned counsel on either side.

3. The learned counsel for the petitioner would submit that the petitioner, who is a resident of Madurai District, is a Secretary of AIADMK party and his wife was also a Counsellor of AIADMK party on the 20th Ward of Madurai Corporation. The petitioner's party leader, viz., the former Chief Minister of Tamil Nadu issued a direction to the party members to put up Neer Mor Pandal to provide water during summer to the general public. Hence, the petitioner made a representation to the fifth respondent for putting up a Neer Mor Pandal. However, the fifth respondent refused to grant permission thereby, the present writ petition.

4. Learned counsel for the petitioner would submit that pursuant to the petitioner's another representation dated 08.05.2025, the fifth respondent granted permission on 08.05.2025 with unreasonable conditions. Accordingly, he prayed for appropriate orders for issuing direction to the Law Enforcing Agency to grant permission to the petitioner to put up Neer Mor Pandal to provide water to the general public.

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5. The learned Additional Public Prosecutor fairly submitted that the conditions imposed by the fifth respondent are onerous and are not viable and he assures the Court that fresh permission will be granted to the petitioner without any onerous conditions.

6. In the light of the above, this Writ Petition is closed with a direction to the Law Enforcing Agency to grant permission to the petitioner to put up Neer Mor Pandal in the light of the permission granted to the other political party. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [M.D.I., J.] [R.S.V., J.] 09.05.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6

To 1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, 3.The Commissioner of Police, Madurai City, Madurai District.

4.The Assistant Commissioner of Police, Sellur Division, 5.The Inspector of Police, D3, Kudal Puthur Police Station L & O, Madurai District.

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M.DHANDAPANI, J.

and R. SAKTHIVEL, J.

abr 09.05.2025 6/6