G.Thalapathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P.(MD) No.23075 of 2019 G.Thalapathi District Secretary of DMK, 2/1 Gopalsamy Nagar, Pasumalai, Madurai 625 004 ... Petitioner Vs.

1) The District Collector, Office of the Collectorate, Madurai.

2) The Commissioner of Police,Madurai.

3) The Commissioner, Madurai Corporation,Madurai.

4) The Additional Chief Secretary to the Government, Revenue Department, Secretariat, Chennai 600 009 ... Respondents * R4 impleaded vide Court order dated 03.02.2020 PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant permission to the petitioner for installation of statue of late Thiru M.Karunanidhi, former Chief Minister of Tamil Nadu in any one of the places mentioned in the representation of the petitioner dated 3.9.2018 and a reminder letter dated 6.12.2019 forthwith. For Petitioner : Mr.Mr.Veera Kathiravan, Senior Counsel for M/s.Veera Associates For RR 1 & 2 : Mr.Aravind Pandian, Additional Advocate General Assisted by Mrs.J.Padmavathi Devi, Special Government Pleader ******

O R D E R

The Writ Petition is filed seeking for a direction to the respondents to grant permission for installation of statue of late Thiru M.Karunanidhi, former Chief Minister of Tamil Nadu in any one

of the places mentioned in the representation of the petitioner dated 3.9.2018 and a reminder letter dated 6.12.2019 forthwith.

2. The petitioner's political party decided to install the statue of Thiru.M.Karunanidhi, who was a former Chief Minister of Tamil Nadu, at Madurai in any one of the places referred by the petitioner vide his representation dated 03.09.2018 and a reminder representation letter dated 06.09.2019. Even after passage of 15 months time from the date of first representation made by the petitioner, the respondents have not taken any steps to consider the representation of the petitioner. Aggrieved over the same, the petitioner has approached this Court by way of filing the present writ petition seeking to consider the representation of the petitioner dated 3.9.2018 and a reminder letter dated 6.12.2019 forthwith.

3. The learned Additional Advocate General Mr.Aravind Pandian, who appeared on behalf of the respondents submitted that the Additional Chief Secretary to the Government, Revenue Department is the Authority to take a decision in this regard but is not made a party in this writ petition.

4. In view of the above submission, the Additional Chief Secretary to the Government, Revenue Department, Secretariat, Chennai 600 009 is suo moto impleaded as the fourth respondent in the writ petition.

5. In view of the submissions made by the learned counsel appearing for the petitioner, and also that of the learned Additional Advocate General, this Court, without going into the merits of the case, directs the fourth respondent to consider the representations of the petitioner dated 3.9.2018 and 6.12.2019 on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. This Court also directs the first respondent to forward the report in this regard to the fourth respondent forthwith, enabling the fourth respondent to take any decision and pass orders.

6. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected W.M.P.(MD) No.23075 of 2019 is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS)

To:

1) The District Collector, Office of the Collectorate, Madurai.

2) The Commissioner of Police, Madurai.

3) The Commissioner, Madurai Corporation, Madurai.

4) The Additional Chief Secretary to the Government, Revenue Department, Secretariat, Chennai 600 009 +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-4584[F] dated 04/02/2020 ) Order made in 03.02.2020 VB(24.02.2020) 3P 6C