John Fernando. S v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.John Fernando ... Petitioner vs.

1.The Director, Tamil Development and Advertisement Department, St. George Fort, Secretariat, Chennai.

2.The District Collector, 3.The Commissioner, 4.The Superintendent of Police, 5.The District Fire and Rescue Officer, Ganesh Nagar, 6.The Executive Engineer, PWD, 1/6

7.The District Education Officer, 8.The Correspondent, St. Francis Xavier's Higher Secondary School, 9.The President, Exhibition Committee, Out Lady of Snows, No.82-A/2, Maria Tower IInd Floor, George Road, Thoothukudi - 628 008.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the official respondents to take necessary action against the respondents 8 and 9 and direct them not to grant any permission to conduct exhibition in Xaveriana School, Playground at Beach Road, Near Bell Hotel, Thoothukudi, by considering the representation of the petitioner dated 20.11.2023 within the time stipulated by this Court.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.P.Thilak Kumar Government Pleader for R.1 & R.2 & R.5 to R.7 : Mr.N.Ananda Kumar for R.3 : Mr.T.Senthil Kumar Additional Public Prosecutor for R.4 2/6

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Though the prayer sought for herein is for a Writ of Mandamus, to direct the official respondents to take necessary action against the respondents 8 and 9 and direct them not to grant any permission to conduct an exhibition in Xaveriana School, Playground at Beach Road, Near Bell Hotel, Thoothukudi, by considering the representation of the petitioner dated 20.11.2023 within the time stipulated by this Court, Mr.M.Jegadeesh Pandian, learned counsel appearing for the petitioner has made submissions stating that till last year in the School ground belongs to the eighth respondent after getting permission from the eighth respondent exhibition for more than 30 days relating to the Temple festival was conducted by the ninth respondent.

2.This year, it is the apprehension of the petitioner that the ninth respondent may approach the eighth respondent to get such permission. Therefore, apprehending such a move on the part of the ninth respondent and based on which, the eighth respondent may give permission to the ninth respondent to conduct the exhibition, the present Writ Petition has been filed as a pre-emptive Writ Petition. 3/6

3.It is the submission of the learned counsel appearing for the petitioner that he is not aware of whether any permission has been granted by the eighth respondent to the ninth respondent or any other party to have a similar exhibition in this year also. When that being so, such a pre-emptive Writ Petition based on the presumption and assumption cannot be entertained by this Court.

4.With the result, this Writ Petition fails. Hence it is dismissed. However, there shall be no order as to costs. [R.S.K.,J.] [G.A.M.,J.] 05.07.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The Director, Tamil Development and Advertisement Department, St. George Fort, Secretariat, Chennai.

2.The District Collector, 3.The Commissioner, 4.The Superintendent of Police, 5.The District Fire and Rescue Officer, Ganesh Nagar, 6.The Executive Engineer, PWD, Thoothukudi.

7.The District Education Officer, 5/6

R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 05.07.2024 6/6