Kongu Desha Mammannar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17240 of 2016 Kongu Desha Maamannar Venchaman Trust, Rep. by its President, K.Tamilmurugan, No.20, Karuppannapillai Street, Velayuthapalaiyam Post, Karur District - 639 117.
.. Petitioner Vs.
1. The District Collector, Office of the District Collector, Karur, Karur District.
2. The Superintendent of Police, Karur, Karur District.
3. The Inspector of Police, Aravakurichi Taluk, Karur District.
4. Kanchana, W/o.Gopi .. Respondents [R4 impleaded vide Court order dated 13.04.2017, in W.M.P.(MD)No.1472/2017] Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to consider the application of the petitioner, dated 29.08.2016, for unveiling of Statue and Memorial Hall of the Great King Venchaman in the private patta land, situated in Survey No.1568/1, Venchamankudalur, Aravakkurchi Taluk, Karur District, in the light of the decision of this Court passed in P.Maniyarasan Vs. The Government of Tamil Nadu reported in 2011 (1) CWC 379, which was followed in W.P.(MD)No.2782 of 2013, dated 02.07.2014, within a time frame fixed by this Court.
For Petitioner : Mr.G.V.Vairam Santhosh For R1 to R3 : Mr.A.Muthukaruppan
Additional Government Pleader For R4 : Mr.P.Balamurugan
ORDER
This Writ Petition is filed for a direction to the first respondent to consider the application of the petitioner, dated 29.08.2016, for unveiling of Statue and Memorial Hall of the Great King Venchaman in the private patta land, situated in Survey No.1568/1, Venchamankudalur, Aravakkurchi Taluk, Karur District. 2.Heard Mr.G.V.Vairam Santhosh, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.P.Balamurugan, learned counsel appearing for the fourth respondent and perused the materials available on record. 3.The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that if the petitioner produces all the relevant documents, the first respondent is ready to consider the case of the petitioner.
4.The learned counsel for the petitioner submitted that the decision reported in 2011 (1) CWC 379 [P.Maniyarasan Vs. The Government of Tamil Nadu, Rep. by its Secretary, Department of Municipal Administration and Water Supply and others] is squarely applicable to the issue involved in this Writ Petition and it would suffice, if a direction is issued to the first respondent to consider the petitioner's application in the light of the said decision.
5.Considering the limited scope of the prayer sought for in the Writ Petition and also considering the submission of the learned counsel for the petitioner and the learned Additional Government Pleader, this Writ Petition is disposed of with a direction to the petitioner to produce all the relevant materials before the first respondent forthwith and also to file an affidavit to the effect that all necessary safeguards would be undertaken during such installation of the Statue. On such compliance, the first respondent shall consider the request of the petitioner in the light of the decision reported in 2011 (1) CWC 379 [supra] and pass appropriate orders on merits and in accordance with law, after affording due opportunity to the petitioner. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Office of the District Collector, Karur, Karur District.
2. The Superintendent of Police, Karur, Karur District.
3. The Inspector of Police, Aravakurichi Taluk, Karur District.
+ 1 CC TO Mr.G.V.VAIRAM SANTHOSH, ADVOCATE IN SR No. 68245 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 68907 SMN2 TE/KP/SAR-I : 11/08/2017 : 3P/6C W.P.(MD)No.17240 of 2016 27.07.2017