Madras High CourtWP(MD)/19499/2018disposed of

Indiravel, v. The District Collector

2018-09-10Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.19499 of 2018 Indiravel ... Petitioner -Vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi Division, Sivakasi, Virudhunagar District.

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

4.The Deputy Superintendent of Police, Sivakasi Division, Sivakasi, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, against the respondents directing them to give permission to the petitioner for conducting the celebration of Vinayakar Sathurthi Festival and also furnishing the temporary Vinayakar Statute in private property to presentment celebrate poojas on 11.09.2018 to 13.09.2018 and the festival for three days finally on the day of Vinayakar Sathurthi on 13.09.2018 they will take over the temporary Vinayakar Statute through procession and put in the Vadamalaipuram river as per the representation made by the petitioner to the respondents dated 04.09.2018.

For Petitioner : Mr.A.S.Amirtharaj For Respondents : Mr.B.Bhagawathi, Government Advocate.

ORDER

This petition has been filed for a direction to the respondents to give permission to the petitioner for conducting the celebration of Vinayakar Sathurthi Festival and also furnishing the temporary Vinayakar Statute in private property to presentment celebrate poojas from 11.09.2018 to 13.09.2018 and the festival for three days finally on the day of Vinayakar Sathurthi on 13.09.2018 they will take over the temporary Vinayakar Statute through procession and put in the Vadamalaipuram river as per the representation made by the petitioner to the respondents dated 04.09.2018.

2. The learned counsel appearing for the petitioner would submit that the festival is being conducted during the month of Aavani every year and this year, it has been decided to conduct the said festival from 11.09.2018 to 13.09.2018 at Sri Thambi Vinayagar Kovil situated in Thiruthangal, Sivakasi Taluk, Virudhunagar District. The petitioner had given a representation dated 04.09.2018 to the respondents seeking for permission and the same has not been considered till date. Therefore, the present writ petition has been filed.

3. The learned Government Advocate would submit that the petitioner will have to abide by the conditions that are imposed by the respondent police, while conducting the festival. 4.Taking into consideration of the facts and circumstances of the case, this Court is inclined to direct the respondents to grant permission and adequate police protection to celebrate the festival of the Vinayagar Idol procession from 11.09.2018 to 13.09.2018 at Sri Thambi Vinayagar Kovil situated in Thiruthangal, Sivakasi Taluk, Virudhunagar District.

5.It is made clear that the respondent police is at liberty to impose any conditions to ensure the peaceful conduct of the festival and the petitioner is bound to comply with the same. 6.Accordingly, the writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi Division, Sivakasi, 3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

4.The Deputy Superintendent of Police, Sivakasi Division, Sivakasi, +1CC to Mr.A.S.Amirtharaj, Advocate, SR.No. 83247 +1CC to the Special Government Pleader SR.No. 83698 W.P(MD)No.19499 of 2018 10.09.2018 LS ES/RP/SAR 4/11.09.2018/3P/7C