Madras High CourtWP(MD)/17974/2020disposed of

G.Saravanan v. The District Collector

2020-12-09Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.17974 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.17974 of 2020 G.Saravanan ... Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Sub Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of the second Respondent in Na.Ka.No.55/Mic/ Ko.Mae.Kaa/2020, dated 18.11.2020 and quash the same and directing the first Respondent herein to grant permission as per the petitioner's representation dated 18.11.2020 to conduct fasting struggle on 21.12.2020 from 10.00 A.M to 5.00 P.M infront of Government Travellers Bungalow at Kovilpatti . For Petitioner : Mrs.S.Mahalakshmi For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

By consent, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner is before this Court, seeking to quash the impugned order of the second respondent dated 18.11.2020, by which, the petitioner's requisition for conducting fasting struggle on 21.12.2020, from 10.00 A.M to 5.00 P.M infront of Government Travellers Bungalow at Kovilpatti, was rejected due to Covid-19 pandemic.

3.The case of the petitioner is that he is the Founder and Chairman of Telugu Jana Seva Sena, doing service to the Community people and he is working for the past 20 years for the welfare of the Agriculturists in Tamilnadu by conducting various processions, meeting s to draw the attention of the Government to solve the problems of the Agriculturists. The petitioner has approached the Government to install the statue of Shri.C.Narayansamy Naidu in the Government Travellers Bungalow at Kovilpatti. The petitioner has made a representation, dated 18.11.2020 to the respondents to grant https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17974 of 2020 permission to conduct fasting struggle on 21.12.2020. Without any notice to the petitioner, the second respondent has passed the present impugned order, dated 18.11.2020 on the petitioner's representation dated 18.11.2020. Hence, aggrieved by the same, the petitioner is before this Court.

4.The learned counsel for the petitioner would state that the Government have passed G.O.No.673, Revenue and Disaster Management, dated 30.11.2020 giving certain relaxation and therefore, would pray for considering the petitioner's representation dated 23.11.2020 in the light of the above G.O., though he has come out with the larger prayer. 5.Considering the facts and circumstances of the case, the petitioner is directed to make a fresh representation to the respondents forthwith and on receipt of the same, the respondents are directed to consider the representation of the petitioner, in the light of the G.O.No.673 of 2020 (Revenue and Disaster Management) dated 30.11.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. Such exercise shall be completed on or before 16.12.2020.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The District Collector, Thoothukudi,Thoothukudi District.

2.The Sub Inspector of Police, Kovilpatti West Police Station,Thoothukudi District. W.P(MD)No.17974 of 2020 DATED : 09.12.2020 SR(CO) AP(10/12/2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2