Jawahar .A.K.S v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.22539 of 2022 A.K.S.Jawahar ... Petitioner /vs./ 1.The District Collector, Thoothukudi District.

2. The Superintendent of Police Thoothukudi District 3.The Inspector of Police Kurumbur Police Station Kurumbur Thoothukudi District ... Respondents (R1 is suo motu impleaded vide order of this Court, dated 26.09.2022 and the original respondents are re-arranged accordingly) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to grant permission and necessary protection to conduct the programme i.e., on 03.10.2022 at 08.00 PM and Annathanam on 04.10.2022 at 09.00 AM ,Innisai Katcheri and on 05.10.2022 Special Poojas.

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For Petitioner : Mr.J.David Ganesan For Respondents : Mr.R.Sivakumar Government Advocate(Crl.Side)

ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the Respondents to give permission to conduct Annathanam on 03.10.2022, Innisai Katcheri on 04.10.2022 and Special Poojas on 05.10.2022 in connection with Kodai vizha at Arulmighu Sri Paathakkarai Swamy Thirukovil at Naalumaavadi, Eral Taluk, Thoothukudi Dsitrict 2.The learned Government Advocate(Crl.Side) takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal. 3.Heard the learned Counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the Respondents. 4.The learned Counsel appearing for the Petitioner would submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. 2/5

5.The learned Government Advocate(Crl.Side) appearing for the Respondents vehemently objected to grant permission stating that in the year 2020, there was a group clash in the village regarding the very same festival and for the present 107 Cr.P.C proceedings is pending as against the Petitioner. 6.The District Collector, Thoothukudi District is suo motu impleaded as first respondent, considering the subject matter of the adjudication.

7. In view of the same, the Petitioner is directed to approach the District Collector, Thoothukudi District. The District Collector in consultation with the Superintendent of Police, Thoothukudi District may pass appropriate orders.

8. With the above direction, the Writ Petition is disposed of. No costs. 26.09.2022 Index : Yes / No Internet : Yes / No aav Note: Issue Order Copy on 26.09.2022.

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TO:

1.The District Collector, Thoothukudi District.

2. The Superintendent of Police Thoothukudi District 3.The Inspector of Police Kurumbur Police Station Kurumbur Thoothukudi District

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

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SATHI KUMAR SUKUMARA KURUP , J.

aav W.P.(MD)No.22539 of 2022 26.09.2022 5/5