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Madras High CourtWP(MD)/17722/2022disposed of

Xavier Bruce, v. The District Collector,

2022-08-08Honourable Mr Justice G. Chandrasekharan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P(MD)No.17722 of 2022 Xavier Bruce

...Petitioner

vs

1. The District Collector Kaniyakumari District at Nagercoil

2. The Superintendent of Police Kaniyakumari District at Nagercoil.

3. The Inspector of Police Puthukkadai Police Station Kanniykumari District

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioner to erect decorative arches from Thengapattanam to Vettumani and Chadayankuzhi to Ganapathiyankadavu Bridge in connection with festival of Church of Our Lady of Health at Munchirai, Puthukadai, Kanyakumari District scheduled from 02.09.2022 to 11.09.2022 by considering the petitioners representation dated 25.07.2022 1/5

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to permit the petitioner to erect decorative arches from Thengapattanam to Vettumani and Chadayankuzhi to Ganapathiyankadavu Bridge in connection with festival of Church of Our Lady of Health at Munchirai, Puthukadai, Kanyakumari District scheduled from 02.09.2022 to 11.09.2022 by considering the petitioners representation dated 25.07.2022 2.The learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The learned counsel appearing for the petitioner would submit that he has sent a representation dated 25.07.2022 to the third respondent seeking permission to erect decorative arches from Thengapattanam to Vettumani and Chadayankuzhi to 2/5

Ganapathiyankadavu Bridge in connection with festival of Church of Our Lady of Health at Munchirai, Puthukadai, Kanyakumari District scheduled from 02.09.2022 to 11.09.2022. But, the third respondent has not considered the said representation. Since no order was passed, the petitioner has come before this Court for the above said relief. 4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that the petitioner's request for erecting 50 decorative arches from Thengapattanam to Vettumani and Chadayankuzhi to Ganapathiyankadavu Bridge in connection with festival of Church of Our Lady of Health at Munchirai, Puthukadai, Kanyakumari District scheduled from 02.09.2022 to 11.09.2022 cannot be considered for the reason that he will cause hindrance to traffic and public and there is also possibility of some untoward incidents.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police. 3/5

6. In view of the same, the third respondent is directed to consider the representation of the petitioner dated 25.07.2022 and pass orders on merits and in accordance with law within a period of one week from the date of receipt of a copy of this Court.

7. With the above direction, this writ petition is disposed of. No cost.

08.08.2022 Index :Yes/No Internet : Yes/ No aav Note:Issue Order copy on 17.08.2022 To

1. The District Collector Kaniyakumari District at Nagercoil

2. The Superintendent of Police Kaniyakumari District at Nagercoil.

3. The Inspector of Police Puthukkadai Police Station Kanniykumari District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

G.CHANDRASEKHARAN, J aav W.P(MD)No.17722 of 2022 08.08.2022 5/5