Sp.Baskar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 23770 of 2019 S.P.Baskar ... Petitioner Vs.
1. The District Collector Sivagangai
2. The Superintendent of Police Sivagangai
3. The Tahsildhar Thiruppathur Taluk
4. The Inspector of Police Kundrakkudi Police Station ... Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to grant permission to perform the festival Abisheka Aradana for God Athinamilaki Ayyanar along with drama Valli Thirumanam dated 29.11.2019 at about 9.00pm at Thulavur Village, Thiruppathur Taluk, Sivagangai District and to provide adequate police protection based on the petitioner representation to the respondents dated on 31.10.2019.
For Petitioner : Mr.P.Aju Tagore For Respondents : Mr.R.Anandharaj No.1 to 4 Additional Public Prosecutor
ORDER
This Petition has been filed to direct the respondents to grant permission to perform the festival Abisheka Aradana for God Athinamilaki Ayyanar along with drama Valli Thirumanam dated 29.11.2019 at about 9.00pm at Thulavur Village, Thiruppathur Taluk, Sivagangai District and to provide adequate police protection based on the petitioner representation to the respondents dated on 31.10.2019.
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2. It is the grievance of the petitioner that his representation dated 31.10.2019 to perform the festival Abisheka Aradana for God Athinamilaki Ayyanar along with drama Valli Thirumanam has not been considered by the respondents, which has not been considered by the third respondent till date and therefore, he has filed the present writ petition.
3. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.
4. In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the fourth respondent to conduct enquiry on the representation given by the petitioner dated 31.10.2019 after giving notice to the petitioner and other counter parties on the basis of the peace committee meeting as well as 107 Cr.P.C proceedings and pass orders on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) aav To
1. The District Collector Sivagangai
2. The Superintendent of Police Sivagangai 2/3
3. The Tahsildhar Thiruppathur Taluk
4. The Inspector of Police Kundrakkudi Police Station +1 CC to Mr.P. AJUTAGORE, Advocate ( SR-97496[F] dated 12/11/2019 ) W.P (MD).No.23770 of 2019 12.11.2019 MK (25.11.2019) 3P 6C 3/3