M.Bandalarajan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.21051 of 2024 M.Bandalarajan
...Petitioner
Vs.
1.The District Collector, Collectorate, Ramanathapuram District.
2.The Revenue Divisional Officer, Collectorate, Ramanathapuram District.
3.The Tahsildar, Thiruvadanai Taluk Office, Ramanathapuram District.
4.The Sub-Inspector of Police, Thondi Police Station, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the fourth respondent, dated 28.08.2024 and quash the same as illegal and consequently, directing the fourth respondent to give adequate police 1/5
protection for celebrating Vinayagar Sathurthi Festival by putting Vinayagar Statue on 07.09.2024 and following procedure of dissolution in the ocean opposite to Murugan Temple, Padaiyatchi Street, Nambuthalai, Ramanathapuram District.
For Petitioner : Mr.P.Paul Pandi, For Respondents : Mr.M.Muthu Manikkam, Government Advocate (Civil Side), for R1 to R3.
: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor for R4.
ORDER
The Writ Petition is directed against the rejection order, dated 28.08.2024 passed by the fourth respondent and for direction to the fourth respondent to give adequate police protection for celebrating Vinayagar Sathurthi Festival by putting Vinayagar Statue on 07.09.2024 and following procedure of dissolution in the ocean opposite to Murugan Temple, Padaiyatchi Street, Nambuthalai, Ramanathapuram District. 2.Mr.M.Muthu Manikkam, learned Government Advocate (Civil Side) takes notice for the respondents 1 to 3 and Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the fourth 2/5
respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. It is seen from the impugned order, the only reason assigned by the fourth respondent for rejecting the petitioner's requisition is that they have not obtained any permission from the District Collector.
4. But the learned Additional Public Prosecution appearing for the fourth respondent would submit that there is no provision mandates the District Collector to grant permission for the celebration Vinayagar Sathurthi.
5. In the absence of any circular or guidelines, the impugned order rejecting the petitioner's claim cannot be sustained. Hence, the same is liable to be quashed and is accordingly quashed.
6. Considering the above, the writ petitioner is directed to give a fresh representation to the fourth respondent and on receipt of the same, the fourth respondent is directed to consider the writ petitioner's 3/5
representation and take a decision within a period of two days from today ( i.e., 04.09.2024).
7. With the above direction, the 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 To 1.The District Collector, Collectorate, Ramanathapuram District.
2.The Revenue Divisional Officer, Collectorate, Ramanathapuram District.
3.The Tahsildar, Thiruvadanai Taluk Office, Ramanathapuram District.
4.The Sub-Inspector of Police, Thondi Police Station, Ramanathapuram District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J das Order made in W.P.(MD)No.21051 of 2024 Dated : 04.09.2024 5/5