Tamilselvan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.21874 of 2024 and W.M.P.(MD)No.18530 of 2024 Tamilselvam

...Petitioner

Vs.

1.The District Collector, O/o.District Collector, Ramanathapuram, 2.The District Superintendent of Police, O/o.District Superintendent of Police, Ramanathapuram, 3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Ramanathapuram, 4.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Keelakkarai, 1/6

5.The Inspector of Police, Ervadi Police Station, Ervadi, 6.P.Kanagasabapathi 7.A.Ramar 8.R.Chandran 9.P.Dharmaraj 10.P.Muruganantham ... 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 3 and 5 herein to prevent the respondents 6 to 10 from collecting money from the outside of villagers in the guise of celebrating festival in petitioner's village, alleged to be held on 01.10.2024, consequently direct the respondents 4 and 5 herein for providing police protection in petitioner's village by considering his representation dated 20.08.2024, in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.D.Balamurugapandi For R1 & R3 : Mr.M.Muthumanikkam Government Advocate (Civil Side) For R2, R4 & R5 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 2/6

ORDER

The Writ Petition has been filed seeking orders to direct the respondents 3 and 5 to prevent the respondents 6 to 10 from collecting money from the outside of villagers in the guise of celebrating festival in writ petitioner's village, alleged to be held on 01.10.2024 and consequently direct the respondents 4 and 5 for providing police protection in writ petitioner's village by considering his representation dated 20.08.2024 in accordance with law within the time stipulated by this Court.

2. Mr.M.Muthumanikkam, learned Government Advocate (Civil Side) takes notice for the respondents 1 and 3 and Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 2, 4 and 5. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 2, 4 and 5 would submit that the writ petitioner as well as the private respondents are belonging to same community, that the writ petitioner has already 3/6

conducted the festival on 21.06.2024 and that the group led by the sixth respondent has sought for permission to conduct the festival on 29.09.2024 and his representation is pending before the fifth respondent.

4. The learned counsel appearing for the writ petitioner would submit that the private respondents are four individuals and they are not having any right to conduct the festival separately.

5. Considering the above, the fifth respondent is directed to issue notice to the writ petitioner as well as to the private respondents and conduct enquiry and take a decision within a period of three days from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 13.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy on 19.09.2024 4/6

To 1.The District Collector, O/o.District Collector, Ramanathapuram, 2.The District Superintendent of Police, O/o.District Superintendent of Police, Ramanathapuram, 3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Ramanathapuram, 4.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Keelakkarai, 5.The Inspector of Police, Ervadi Police Station, Ervadi, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.21874 of 2024 and W.M.P.(MD)No.18530 of 2024 Dated : 13.09.2024 6/6