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Madras High CourtWP(MD)/20984/2024disposed of

R. Balakrishnan v. The Revenue Divisional Officer

2024-09-04Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR R.Balakrishnan : Petitioner Vs.

1.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

2.The Deputy Superintendent of Police, Tenkasi, Tenkasi District.

3.The Inspector of Police, Tenkasi 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, directing the respondents to give permission to conduct Vinayagar Sadhurthi Festival scheduled at LRS Palayam Periya Chavadi, Tenkasi Town as stated in the representation of the petitioner, dated 27.07.2024 given to the respondents. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Muthu Manikkam, Government Advocate (Civil Side), for R1.

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: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R2 and R3.

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to give permission to conduct Vinayagar Sadhurthi Festival at LRS Palayam Periya Chavadi, Tenkasi Town as stated in the representation of the petitioner, dated 27.07.2024 given to the respondents.

2. When the matter is taken up for hearing today (ie.,04.09.2024), the learned Additional Public Prosecutor appearing for the State would submit that since permission was granted for celebrating Vinaygar Sadhurthi festival at LRS Palayam, Shenmbagavinayagar Temple, which is nearly 25 meters away from the place where the petitioner wants to celebrate the Vinayagar Sadhurthi festival and taking note of the law and order issue, the Deputy Superintendent of Police has passed an order, dated 31.08.2024, rejecting the petitioner's representation.

3. The learned counsel for the petitioner would submit that they have proposed to conduct Vinayagar Sadhurthi Festival at LRS Palayam 2/4

Periya Chavadi, Tenkasi Town. He would further submit that even in the last year also, they have celebrated the festival, but they have not obtained any permission.

4. The learned Additional Public Prosecutor appearing for the State would submit that without obtaining any permission, they have installed the Vinayagar Idol and the same was removed.

5. Considering the above, the petitioner is directed to give fresh representation to the second respondent and on receipt of the same, the second respondent is directed to consider the same and pass orders in accordance with law within a period of two days from the date of receipt of representation.

6. With the above directions, this writ petition stands disposed of. No costs.

04.09.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das Note : Issue order copy on 04.09.2024.

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K.MURALI SHANKAR, J das To 1.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

2.The Deputy Superintendent of Police, Tenkasi, Tenkasi District.

3.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

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

Order made in 04.09.2024 4/4