V.Mangaimanivizhi Nachiar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Mangaimanivizhi Nachiar ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.
3.The Inspector of Police, Narikudi Police Station, Virudhunagar District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents, particularly the first respondent/The District Collector, Virudhunagar to grant permission for the celebration of "219th Annual Guru Pooja" in Maamannars Maruthu Pandiyar in Narikudi temple and Chathram and suitably direct other authorities to render their cooperation for the great function and consider her representation dated 26.09.2020.
For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.Srinivasan, Government Advocate
O R D E R
Heard the learned counsel on either side. With the consent of the counsel on either side, this Writ Petition is taken up for disposal.
2.The petitioner is one of the organizers of the petition mentioned event. The event is dedicated to honouring the memory of the 'Maruthu Brothers'.
3.The petitioner's counsel drew my attention to the order dated 17.10.2019 made in W.P.(MD)No.18712 of 2019. Pursuant to the direction given by this Court, the District Collector, Virudhunagar 1/3
passed an order dated 24.10.2019 permitting the holding of the event from 06.00.am to 08.00.am. The petitioner wants this Court to direct the respondents to permit them to conduct the event this year also. It appears that this event has been celebrated for over 218 years. 2020 is the 219th year.
4.The learned Government Advocate for the respondents pointed out that if a huge number of persons assemble, then that may itself spread Covid-19.
5.In response to the apprehension expressed by the Government, the petitioner's counsel submitted that the petitioner would observe the event in a low-key manner. He also stated that the petitioner would ensure that the number of participants would not exceed 800. Even those 800 persons will not assemble at the same time, since the event is to be held from 09.00.am to 12.00.am , their presence will be accordingly spread over.
6.In any event, it is open to the third respondent to issue appropriate advisory and the organizers of the event will ensure that the instructions of the first respondent's are scrupulously complied with. If the third respondent's instructions are disobeyed or if any infraction takes place, it is open to the third respondent to take stringent action and even order the closure of the event also.
7.In other words, fullest power is granted to the third respondent to ensure smooth conduct of the event. The petitioner's counsel states that such a situation will never arise. He also states that the event will be open to the members of all the communities and religions. It is because the 'Maruthu Brothers' are not communal leaders, but heroes of the freedom movement. I only hope that the event is conducted in the very same spirit. The third respondent is directed to permit holding of the event and also impose appropriate conditions as indicated above. With these directions, this Writ Petition is allowed. No costs. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To:
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.
3.The Inspector of Police, Narikudi Police Station, Virudhunagar District.
+1 CC to M/s.S. SIVAKUMAR, Advocate ( SR-19995[F] dated 14/10/2020 ) 13.10.2020 das SDS (15.10.2020) 3P-5C 3/3