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Madras High CourtWP(MD)/15797/2017disposed of

R.Ramasamy, S/O.Ramaiah, v. The District Collector

2017-08-23Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15797 of 2017 R.Ramasamy : Petitioner Vs.

1. The District Collector, Tirunelveli District, Collectorate, Tirunelveli-627 009.

2. The Tahsildar, Nanguneri Taluk, Nanguneri,

3. The Superintendent of Police, Tirunelveli District, Tirunelveli.

4. The Inspector of Police, Eruvadi Police Station, Eruvadi - 627 103, : Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to protect and ensure our religious practice of installing Vinayagar Idol on 25.08.2017 inside the campus of Arulmigu Ulagalantha Amman Koil, Kshathriya Nadar Street, L.N.S.Puram, Eruvadi, Tirunelveli District and continued worship till the immersion of Idol in the Sea at Uvari on 30.08.2017. For Petitioner : Mr.P.Subbiah For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks a direction for directing the respondents to grant him permission for installing the Vinayagar

Idol on 25.08.2017 inside the campus of Arulmigu Ulagalantha Amman Koil, Kshathriya Nadar Street, L.N.S.Puram, Eruvadi, Tirunelveli District and for conducting a procession for immersion of the Idol in the Sea at Uvari on 30.08.2017.

2. The fourth respondent has filed a status report opposing the said prayer on the ground that there is an objection from the R.C. Church that is located nearby. It is also apprehended that there would be a law and order problem.

3. The learned counsel for the petitioner submitted that the event is to be conducted not under the aegis of any political party or communal organisation. Residents of the area numbering 31 families are going to organize the said festival. It is also stated that the procession would be conducted only in Kshathriya Nadar Street.

4. In view of the said submission, we direct the fourth respondent to grant the necessary permission sought for by the writ petitioner. The fourth respondent is also directed to ensure adequate police protection for the RC Church as well as the Eravadi Mosque. The fourth respondent can impose such conditions as he deems fit and proper for ensuring the peaceful and smooth conduct of the event. The Assistant Superintendent of Police, Nanguneri Sub-Division shall over-see the entire security arrangement in question.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Tirunelveli District, Collectorate, Tirunelveli-627 009.

2. The Tahsildar, Nanguneri Taluk, Nanguneri,

3. The Superintendent of Police, Tirunelveli District, Tirunelveli.

4. The Inspector of Police, Eruvadi Police Station, Eruvadi - 627 103,

5. The Assistant Superintendent of Police, Nanganeri Sub-Division, +1cc to M/S. P.SUBBIAH, Advocate, SR.No.74133. Order made in W.P.(MD)No.15797 of 2017 Dated: 23.08.2017 SML/km SDS/SV:MMS/SAR 2/23.08.2017/3P/7C