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Madras High CourtWP(MD)/20866/2024disposed of

Mariappan. K v. The District Collector

2024-09-03Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.20866 of 2024 K.Mariappan

...Petitioner

Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 29.07.2024 and to grant permission for installation of big Vinayagar Idol on 05.09.2024 in the premises of Arulmighu Mutharamman Thirukovil, Ariyappapuram, Mettur post, Tenkasi Taluk, Tenkasi District and also to grant permission for immerse the big Vinayagar Idol on 08.09.2024 in Rama Nathi Situated near to Thoranamalai Murugan Temple, Tenkasi Taluk, Tenkasi District.

For Petitioner : Mr.V.Sasi Kumar 1/5

For R1 : Mr.M.Muthumanikkam, Government Advocate(Civil side) For R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the respondents to grant permission to temporarily erect Vinayagar Idols on 05.09.2024 in the premises of Arulmighu Mutharamman Thirukovil, Ariyappapuram, Mettur post, Tenkasi Taluk, Tenkasi District and also to grant permission for immerse the big Vinayagar Idol on 08.09.2024 in Rama Nathi Situated near to Thoranamalai Murugan Temple, Tenkasi Taluk, Tenkasi District.

2.Mr.M.Muthumanikkam, learned Government Advocate(Civil Side) takes notice for the first respondent and Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the second respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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3.The learned counsel appearing for the writ petitioner would submit that the writ petitioner has sent a representation dated 29.07.2024 to the respondents seeking permission to erect Vinayagar idols on 05.09.2024 and to immerse the same on 08.09.2024 but no order has been passed till now and hence, the writ petitioner was constrained to approach this Court.

4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the second respondent would submit that the petitioner as well as one Sundar have sought for permission for installation of Vinayagar idol as well as immersion in the very same place. He would further submit that the petitioner sought for permission to immerse the idol in Rama Nathi Situated near to Thoranamalai Murugan Temple, Tenkasi Taluk, Tenkasi District, but, permission was granted to other individuals and groups to immerse the idols in their nearby water source.

5.Considering the above, the petitioner and the said Sundar shall file a joint affidavit for conducting the celebration jointly and on receipt 3/5

of such affidavit, the second respondent is directed to take a decision within a period of two days from today (03.09.2024). 6.With the above direction, the Writ Petition stands disposed of. No costs.

03.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No gns Note : Issue order copy today (03.09.2024) To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J gns W.P.(MD)No.20866 of 2024 03.09.2024 5/5